By Flores H.B. No. 1856
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the tort liability of transportation entities providing
1-3 public transportation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 13a, Chapter 141, Acts of the 63rd
1-6 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 Sec. 13A. Tort Claims. Any authority established hereunder
1-9 or any transportation entity created under Title 112, revised
1-10 statutes, or Article 2.01C of the Texas Business Corporations Act
1-11 for the purposes of mass transit as defined by this act shall be
1-12 within the definition of "unit of government" as defined by Chapter
1-13 101, Civil Practices and Remedies Code, <the Texas Tort Claims Act,
1-14 as amended (Article 6252-19, Vernon's Texas Civil Statutes),> and
1-15 all operations of such an authority or entity are deemed to be
1-16 essential governmental functions and not proprietary functions for
1-17 all purposes, including the application of that chapter <the Texas
1-18 Tort Claims Act>. If an independent contractor of the authority or
1-19 entity is performing a function of the authority or entity, the
1-20 contractor is liable for damages only to the extent that the
1-21 authority or entity would be liable if the authority or entity were
1-22 performing the function. This section applies only to a cause of
1-23 action that accrues on or after the effective date of this section.
2-1 An action that accrued before the effective date of this section is
2-2 governed by the law in effect at the time the action accrued, and
2-3 such law is continued in effect for that purpose.
2-4 SECTION 2. This Act takes effect September 1, 1993.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three days in
2-9 each house be suspended, and this rule is hereby suspended.