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.