By Junell                                              H.B. No. 444
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the liability of certain governmental units and certain
    1-3  governmental employees and officers.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 101.106, Civil Practice and Remedies
    1-6  Code, is amended to read as follows:
    1-7        Sec. 101.106.  ELECTION OF REMEDIES <EMPLOYEES NOT LIABLE
    1-8  AFTER SETTLEMENT OR JUDGMENT>.  (a)  Commencement of <A judgment
    1-9  in> an action or a settlement of a claim under this chapter bars
   1-10  any action involving the same subject matter by the claimant
   1-11  against the employee or officer of the governmental unit whose act
   1-12  or omission gave rise to the claim.
   1-13        (b)  Commencement of an action or settlement of a claim
   1-14  against an employee or officer of a governmental unit bars any
   1-15  action involving the same subject matter by the claimant against
   1-16  the governmental unit under this chapter.
   1-17        (c)  This section applies without regard to whether the
   1-18  action is dismissed or continues to final judgment.
   1-19              SECTION 2.  Section 104.001, Civil Practice and
   1-20  Remedies Code, is amended to read as follows:
   1-21        Sec. 104.001.  State Liability; Persons Covered.  In a cause
   1-22  of action based on conduct described in Section 104.002, the state
   1-23  shall indemnify the following persons, without regard to whether
    2-1  the persons are or were compensated for their services, for actual
    2-2  damages, court costs, and attorney's fees adjudged against:
    2-3              (1)  an employee, a member of the governing board, or
    2-4  any other officer of a state agency, institution, or department;
    2-5              (2)  a former employee, former member of the governing
    2-6  board, or any other former officer of a state agency, institution,
    2-7  or department who was an employee or officer when the act or
    2-8  omission on which the damages are based occurred;
    2-9              (3)  a physician or psychiatrist licensed in this state
   2-10  who was performing services under a contract with any state agency,
   2-11  institution, or department when the act or omission on which the
   2-12  damages are based occurred;
   2-13              (4)  a person serving on the governing board of a
   2-14  foundation, corporation, or association at the request and on
   2-15  behalf of an institution of higher education, as that term is
   2-16  defined by Section 61.003(8), Education Code, not including a
   2-17  public junior college; or
   2-18              (5)  the estate of a person listed in this section.
   2-19        SECTION 3.  Section 104.003(a), Civil Practice and Remedies
   2-20  Code, is amended to read as follows:
   2-21        (a)  Except as provided by Subsection (c) or a specific
   2-22  appropriation, state liability for indemnification under this
   2-23  chapter may not exceed:
   2-24              (1)  $100,000 to a single person and $300,000 for a
   2-25  single occurrence in the case of personal injury, death, or
    3-1  deprivation of a right, privilege, or immunity; and
    3-2              (2)  $10,000 for a single occurrence of damage to
    3-3  property.
    3-4        SECTION 4.  Chapter 108, Civil Practice and Remedies Code, is
    3-5  amended to read as follows:
    3-6               CHAPTER 108.  LIMITATION OF LIABILITY FOR
    3-7                            PUBLIC SERVANTS
    3-8        Sec. 108.001.  DEFINITIONS <DEFINITION>.  In this chapter:<,>
    3-9        (1)  "Public <"public> servant"  means a person who is:
   3-10                    (A)  in the paid or unpaid service of a local
   3-11  government by competent authority, but does not include an
   3-12  independent contractor, or an agent or employee of an independent
   3-13  contractor, or a person who performs tasks the details of which the
   3-14  local government does not have the legal right to control; or
   3-15                    (B)  covered by Section 104.001.
   3-16              (2)  "Local government" has the meaning assigned that
   3-17  term by Section 102.001.
   3-18        Sec. 108.002.  LIMITATION OF LIABILITY.  Except in an action
   3-19  arising under the constitution or laws of the United States, a <A>
   3-20  public servant is not personally liable for damages in excess of
   3-21  $100,000 arising from personal injury, death, or deprivation of a
   3-22  right, privilege, or immunity if:
   3-23              (1)  the damages <to the extent that the state is
   3-24  liable for indemnification under Section 104.002 that> are the
   3-25  result of an act or omission by the public servant in the course
    4-1  and scope of the public servant's office, employment, or
    4-2  contractual performance for or service on behalf of a state agency,
    4-3  institution, <or> department, or local government; and
    4-4              (2)  for the amount not in excess of $100,000, the
    4-5  public servant is covered:
    4-6                    (A)  by the state's obligation to indemnify under
    4-7  Chapter 104;
    4-8                    (B)  by a local government's authorization to
    4-9  indemnify under Chapter 102; or
   4-10                    (C)  by liability or errors and omissions
   4-11  insurance.
   4-12        Sec. 108.003.  <STATE> LIABILITY NOT AFFECTED.  (a)  This
   4-13  chapter does not affect the liability for indemnification of the
   4-14  state under Chapter 104 or a local government under Chapter 102.
   4-15        (b)  This chapter does not impose liability or waive immunity
   4-16  for an officer or employee who has common-law, statutory, or other
   4-17  immunity.
   4-18        SECTION 5.  (a)   This Act applies to an action, without
   4-19  regard to whether the action was commenced before or is commenced
   4-20  on or after the effective date of this Act, in which, on the
   4-21  effective date of this Act, a final judgment or binding arbitration
   4-22  order has not been entered.
   4-23        (b)  This Act applies to a claim for indemnity without regard
   4-24  to whether the claim arose before, on, or after the effective date
   4-25  of this Act if, on the effective date of this Act,  a final
    5-1  judgment or binding arbitration order has not been entered in the
    5-2  action forming the basis of the claim for indemnity.
    5-3        SECTION 6.  The importance of this legislation and the
    5-4  crowded condition of the calendars in both houses create an
    5-5  emergency and an imperative public necessity that the
    5-6  constitutional rule requiring bills to be read on three several
    5-7  days in each house be suspended, and this rule is hereby suspended,
    5-8  and that this Act take effect and be in force from and after its
    5-9  passage, and it is so enacted.