By: Hunter, Todd H.B. No. 2420
73R4172 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability of certain government officials.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 5, Civil Practice and Remedies Code, is
1-5 amended by adding Chapter 109 to read as follows:
1-6 CHAPTER 109. OFFICIAL IMMUNITY
1-7 Sec. 109.001. DEFINITIONS. In this chapter:
1-8 (1) "Claim" means any claim seeking recovery of
1-9 damages or other relief in a civil action, including a
1-10 counterclaim, cross-claim, or third party claim.
1-11 (2) "Government official" means a person who is:
1-12 (A) an employee, as that term is defined by
1-13 Section 101.001;
1-14 (B) an employee, as that term is defined by
1-15 Section 102.001; or
1-16 (C) a person who may be indemnified by the state
1-17 under Section 104.002.
1-18 Sec. 109.002. SCOPE OF CHAPTER. This chapter applies in any
1-19 action in which a claim is brought against a government official
1-20 for which the official may be entitled to immunity under common
1-21 law.
1-22 Sec. 109.003. BURDEN OF PROOF. A person making a claim
1-23 against a government official bears the burden of pleading and
1-24 proving, by a preponderance of the evidence, that the immunity
2-1 described by Section 109.002 does not apply.
2-2 Sec. 109.004. EFFECT OF IMMUNITY. The immunity described by
2-3 Section 109.002 is an immunity from both suit and liability and is
2-4 an exception to tort liability under the laws of this state.
2-5 Sec. 109.005. EXPEDITED PROCEEDINGS. (a) The court, on
2-6 motion by any party, shall rule on the applicability of immunity to
2-7 the government official before any other proceeding in the action
2-8 may be held, other than discovery of information related to the
2-9 applicability of the immunity.
2-10 (b) A party to the action is not entitled to discovery other
2-11 than discovery related to the applicability of the immunity until
2-12 the court has issued a ruling under Subsection (a).
2-13 (c) If the court rules that the immunity is not applicable,
2-14 the ruling may be appealed under Section 51.014.
2-15 Sec. 109.006. AVAILABILITY IN ACTIONS AGAINST GOVERNMENTAL
2-16 UNITS. The immunity described by Section 109.002 is available to a
2-17 governmental unit defending a claim brought against the
2-18 governmental unit under Chapter 101.
2-19 SECTION 2. Section 51.014, Civil Practice and Remedies Code,
2-20 is amended to read as follows:
2-21 Sec. 51.014. Appeal From Interlocutory Order. (a) A person
2-22 may appeal from an interlocutory order of a district court, county
2-23 court at law, or county court that:
2-24 (1) appoints a receiver or trustee;
2-25 (2) overrules a motion to vacate an order that
2-26 appoints a receiver or trustee;
2-27 (3) certifies or refuses to certify a class in a suit
3-1 brought under Rule 42 of the Texas Rules of Civil Procedure;
3-2 (4) grants or refuses a temporary injunction or grants
3-3 or overrules a motion to dissolve a temporary injunction as
3-4 provided by Chapter 65; or
3-5 (5) denies a dispositive motion, including a motion
3-6 for summary judgment that is based on an assertion of immunity:
3-7 (A) by an individual who is an officer or
3-8 employee of the state or of a local government or other political
3-9 subdivision of the state; or
3-10 (B) by a governmental unit under
3-11 Section 109.006.
3-12 (b) Pending an appeal under Subsection (a)(5), all
3-13 proceedings in the trial court are stayed, including discovery,
3-14 except that discovery necessary to permit a determination of the
3-15 applicability of the immunity may continue.
3-16 SECTION 3. This Act takes effect September 1, 1993, and
3-17 applies only to a cause of action that accrues on or after that
3-18 date. An action that accrued before the effective date of this Act
3-19 is governed by the law in effect at the time the action accrued,
3-20 and that law is continued in effect for that purpose.
3-21 SECTION 4. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.