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.