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.