By: Combs H.B. No. 1193 73R5087 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to appropriations for payment of certain claims by state 1-3 agencies. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 316, Government Code, is 1-6 amended by adding Section 316.023 to read as follows: 1-7 Sec. 316.023. APPROPRIATION FOR CERTAIN CLAIMS. (a) The 1-8 legislature may not make an appropriation to pay a claim for 1-9 personal injury, death, or property damage caused by the conduct of 1-10 a state agency unless that appropriation is deducted from the 1-11 appropriation made for that state agency in the General 1-12 Appropriations Act. 1-13 (b) The legislature may not make an appropriation to 1-14 indemnify an employee, member of a governing board, or other 1-15 officer of a state agency under Chapter 104, Civil Practice and 1-16 Remedies Code, unless that appropriation is deducted from the 1-17 appropriation made for that state agency in the General 1-18 Appropriations Act. 1-19 (c) This section does not apply to an appropriation to pay 1-20 or indemnify a person for a negligent act or omission in the 1-21 diagnosis, care, or treatment of a health care or mental health 1-22 care patient, without regard to whether the claim is based on tort 1-23 or contract principles. 1-24 (d) In this section, "state agency" means: 2-1 (1) an agency, board, bureau, commission, council, 2-2 department, or office that was created by the constitution or a 2-3 statute of this state and that has statewide jurisdiction; or 2-4 (2) a court or institution of higher education of this 2-5 state. 2-6 SECTION 2. This Act takes effect September 1, 1994, and 2-7 applies only to an appropriation made on or after that date. 2-8 SECTION 3. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended.