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.