By:  Counts                                            H.B. No. 980
       73R4607 JRD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to individual and governmental liability arising from the
    1-3  use of certain state military property or for certain acts of the
    1-4  state military forces and  its officers and members.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 431.085, Government Code, is amended to
    1-7  read as follows:
    1-8        Sec. 431.085.  LIABILITY OF OFFICER OR MEMBER.  (a)  An
    1-9  officer or <A> member of the state military forces <ordered into
   1-10  active service of the state by proper authority> is not civilly
   1-11  liable for an act that is within the scope of the officer's or
   1-12  member's military duties <performed in the discharge of duty>.
   1-13        (b)  If a suit is instituted against an officer or member of
   1-14  the state military forces for an act that is within the scope of
   1-15  the officer's or member's military duties <of the officer in the
   1-16  officer's official capacity in the discharge of duty or against a
   1-17  person acting under the authority, order, or lawfully issued
   1-18  warrant of such an officer>, the court shall require the plaintiff
   1-19  to file security for the payment of court costs that may be awarded
   1-20  to the defendant.  The defendant in the case may make a general
   1-21  denial and give the special matter in evidence.  If the plaintiff
   1-22  is nonsuited or the verdict or judgment is against the plaintiff,
   1-23  the defendant is entitled to recover three times the court costs.
   1-24        (c)  If an officer or member of the state military forces is
    2-1  sued for injury to a person or property occurring in the
    2-2  performance of or attempt to perform an act that is within the
    2-3  scope of the officer's or member's military duties <a duty required
    2-4  by law>, the court shall remove the venue of the case to a court of
    2-5  competent jurisdiction in another county not subject to
    2-6  disqualification if:
    2-7              (1)  the defendant applies for the removal; and
    2-8              (2)  the application is supported by affidavit of two
    2-9  credible persons stating that they have good reason to believe the
   2-10  defendant cannot have a fair and impartial trial before the court.
   2-11        (d)  An officer or member of the state military forces
   2-12  possesses and may exercise the authority of the officer's or
   2-13  member's military position at all times, regardless of official
   2-14  duty status.  An officer or member exercising this authority is not
   2-15  civilly liable for an act that is within the scope of the
   2-16  authority.
   2-17        SECTION 2.  Section 101.054, Civil Practice and Remedies
   2-18  Code, is amended to read as follows:
   2-19        Sec. 101.054.  STATE MILITARY PERSONNEL AND PROPERTY.
   2-20  (a)  This chapter does not apply to a claim arising from the
   2-21  activities of the state military forces or its officers or members
   2-22  when exercising the authority of their military position <on active
   2-23  duty under the lawful orders of competent authority>.
   2-24        (b)  This chapter does not apply to a claim arising from or
   2-25  in connection with the rental or permissive use of an armory or
   2-26  other real or personal property belonging to or issued to the state
   2-27  military forces, the Texas National Guard Armory Board, or the
    3-1  adjutant general's department.
    3-2        SECTION 3.  This Act applies only to an action commenced on
    3-3  or after the effective date of this Act.  An action commenced
    3-4  before the effective date of this Act is governed by the law in
    3-5  effect at the time the action was commenced, and that law is
    3-6  continued in effect for that purpose.
    3-7        SECTION 4.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended,
   3-12  and that this Act take effect and be in force from and after its
   3-13  passage, and it is so enacted.