By:  Hunter, Todd                                     H.B. No. 2418
       73R5860 DAK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the indemnification of certain governmental employees.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 39.001, Civil Practice and Remedies Code,
    1-5  is amended to read as follows:
    1-6        Sec. 39.001.  NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT.  (a)
    1-7  Notice of intent to take a default judgment against the state, a
    1-8  state agency, or a party in a civil case for which Chapter 104
    1-9  authorizes representation by the attorney general shall be mailed
   1-10  to the attorney general at the attorney general's office in Austin,
   1-11  Texas, by United States Postal Service certified mail, return
   1-12  receipt requested, not later than the 10th day before the entry of
   1-13  the default judgment.
   1-14        (b)  Notice of intent to take a default judgment against a
   1-15  person who may be indemnified under Chapter 104 shall be mailed to
   1-16  the person, at the person's last known address, by United States
   1-17  Postal Service certified mail, return receipt requested, not later
   1-18  than the 10th day before the entry of the default judgment.
   1-19        SECTION 2.  Chapter 102, Civil Practice and Remedies Code, is
   1-20  amended by adding Section 102.007 to read as follows:
   1-21        Sec. 102.007.  EVIDENCE OF INDEMNITY OR INSURANCE.  (a)  In
   1-22  an action against a defendant for whom a local government may pay
   1-23  damages under this chapter, the jury may not, by any means,
   1-24  including voir dire, introduction into evidence, argument, or
    2-1  instruction, be advised of the existence or amount of:
    2-2              (1)  any indemnity ordinance, policy, or account by the
    2-3  local government;
    2-4              (2)  any funds available to the local government for
    2-5  indemnity; or
    2-6              (3)  any liability or errors and omissions insurance or
    2-7  self-insurance covering the defendant or the estate of the
    2-8  defendant.
    2-9        (b)  In an action against a defendant for whom a local
   2-10  government may pay damages under this chapter, a party is not
   2-11  entitled to use discovery to determine the existence or amount of:
   2-12              (1)  any funds available to the local government for
   2-13  indemnity; or
   2-14              (2)  any liability or errors and omissions insurance or
   2-15  self-insurance covering the defendant or the estate of the
   2-16  defendant.
   2-17        (c)  In this section, "insurance" includes insurance
   2-18  purchased with private or public funds.
   2-19        SECTION 3.  Chapter 104, Civil Practice and Remedies Code, is
   2-20  amended by adding Section 104.009 to read as follows:
   2-21        Sec. 104.009.  EVIDENCE OF INDEMNITY OR INSURANCE.  (a)  In
   2-22  an action against a person or estate listed in Section 104.001, the
   2-23  jury may not, by any means, including voir dire, introduction into
   2-24  evidence, argument, or instruction, be advised of the existence or
   2-25  amount of:
   2-26              (1)  any funds available to the state for indemnity; or
   2-27              (2)  any liability or errors and omissions insurance or
    3-1  self-insurance covering the person or the person's estate.
    3-2        (b)  In an action against a person or estate listed in
    3-3  Section 104.001, a party is not entitled to use discovery to
    3-4  determine the existence or amount of any liability or errors and
    3-5  omissions insurance or self-insurance covering the defendant or the
    3-6  estate of the defendant.
    3-7        (c)  In this section, "insurance" includes insurance
    3-8  purchased with private or public funds.
    3-9        SECTION 4.  This Act takes effect September 1, 1993, and
   3-10  applies only to a cause of action accruing on or after that date.
   3-11  A cause of action accruing before the effective date of this Act is
   3-12  governed by the law in effect at the time the action accrued and
   3-13  that law is continued in effect for that purpose.
   3-14        SECTION 5.  The importance of this legislation and the
   3-15  crowded condition of the calendars in both houses create an
   3-16  emergency and an imperative public necessity that the
   3-17  constitutional rule requiring bills to be read on three several
   3-18  days in each house be suspended, and this rule is hereby suspended.