By Flores H.B. No. 2266
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability of certain transportation entities
1-3 providing 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 under this
1-9 Act or any transportation entity created under Title 112, Revised
1-10 Statutes, or Section C, Article 2.01, Texas Business Corporation
1-11 Act, is for the purpose of mass transit a governmental unit as
1-12 defined by Chapter 101, Civil Practice and Remedies Code <hereunder
1-13 shall be within the definition of "unit of government" as defined
1-14 by the Texas Tort Claims Act, as amended (Article 6252-19, Vernon's
1-15 Texas Civil Statutes)>, and all operation of an authority or entity
1-16 are deemed to be essential governmental functions and not
1-17 proprietary functions for all purposes, including the application
1-18 of Chapter 101, Civil Practice and Remedies Code, and its
1-19 subsequent amendments <the Texas Tort Claims Act>. If an
1-20 independent contractor of the authority or entity is performing a
1-21 function of the authority or entity, the contractor is liable for
1-22 damages only to the extent that the authority or entity would be
1-23 liable if the authority or entity itself were performing the
2-1 function.
2-2 SECTION 2. The change in law made by this Act applies only
2-3 to a cause of action that accrues on or after the effective date of
2-4 this Act. A cause of action that accrued before the effective date
2-5 of this Act is governed by the law in effect at the time the action
2-6 accrued and the former law is continued in effect for that purpose.
2-7 SECTION 3. This Act takes effect September 1, 1993.
2-8 SECTION 4. 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.