By:  Hunter, Todd                                     H.B. No. 2421
       73R4175 DLF-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to liability of certain governmental units and to the
    1-3  employees of those units.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 101.106, Civil Practice and Remedies
    1-6  Code, is amended to read as follows:
    1-7        Sec. 101.106.  ELECTION OF REMEDIES <EMPLOYEES NOT LIABLE
    1-8  AFTER SETTLEMENT OR JUDGMENT>.  (a)  Commencement of <A judgment
    1-9  in> an action or <a> settlement of a claim under this chapter bars
   1-10  any action involving the same subject matter by the claimant
   1-11  against the employee of the governmental unit whose act or omission
   1-12  gave rise to the claim.
   1-13        (b)  Commencement of an action or settlement of a claim
   1-14  against an employee of a governmental unit bars any action
   1-15  involving the same subject matter by the claimant against the
   1-16  governmental unit under this chapter.
   1-17        (c)  If an action is commenced against a governmental unit
   1-18  and its employee and the claims against the governmental unit and
   1-19  the employee involve the same subject matter, the court shall
   1-20  require  the claimant to take a non-suit against either the
   1-21  governmental unit or the employee, at the election of the claimant.
   1-22        (d)  This section applies without regard to whether the
   1-23  action is dismissed or continues to final judgment.
   1-24        SECTION 2.  Chapter 108, Civil Practice and Remedies Code, is
    2-1  amended to read as follows:
    2-2       CHAPTER 108.  LIMITATION OF LIABILITY FOR PUBLIC SERVANTS
    2-3        Sec. 108.001.  DEFINITIONS <DEFINITION>.  In this chapter:
    2-4              (1)  "Public<, "public> servant" means a person who is:
    2-5                    (A)  in the paid or unpaid service of a local
    2-6  government by competent authority, but does not include an
    2-7  independent contractor, an agent or employee of an independent
    2-8  contractor, or another person who performs tasks the details of
    2-9  which the local government does not have the legal right to
   2-10  control; or
   2-11                    (B)  covered by Section 104.001.
   2-12              (2)  "Local government" has the meaning assigned by
   2-13  Section 102.001.
   2-14        Sec. 108.002.  Limitation of Liability.  Except in an action
   2-15  arising under the constitution or laws of the United States, a <A>
   2-16  public servant is not personally liable for damages in excess of
   2-17  the limits applicable to the public servant's governmental unit
   2-18  under Section 101.023 and arising from personal injury, death, or
   2-19  deprivation of a right, privilege, or immunity if:
   2-20              (1)  the damages <to the extent that the state is
   2-21  liable for indemnification under Section 104.002 that> are the
   2-22  result of an act or omission by the public servant in the course
   2-23  and scope of the public servant's office, employment, or
   2-24  contractual performance for or service on behalf of a state agency,
   2-25  institution, <or> department, or local government; and
   2-26              (2)  for the amount not in excess of the limits
   2-27  applicable to the public servant's governmental unit under Section
    3-1  101.023, the public servant is covered:
    3-2                    (A)  by the state's obligation to indemnify under
    3-3  Chapter 104;
    3-4                    (B)  by a local government's authorization to
    3-5  indemnify under Chapter 102; or
    3-6                    (C)  by liability or errors and omissions
    3-7  insurance or self-insurance authorized by law.
    3-8        Sec. 108.003.  State Liability Not Affected.  This chapter
    3-9  does not affect the liability of the state or local government
   3-10  under Chapter 101, 102, or <Chapter> 104.
   3-11        SECTION 3.  This Act takes effect September 1, 1993, and
   3-12  applies only to a cause of action that accrues on or after that
   3-13  date.  An action that accrued before the effective date of this Act
   3-14  is governed by the law in effect at the time the action accrued,
   3-15  and that law is continued in effect for that purpose.
   3-16        SECTION 4.  The importance of this legislation and the
   3-17  crowded condition of the calendars in both houses create an
   3-18  emergency and an imperative public necessity that the
   3-19  constitutional rule requiring bills to be read on three several
   3-20  days in each house be suspended, and this rule is hereby suspended.