By:  Patterson, J.                                     S.B. No. 606
       73R5081 DRH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the liability of certain transportation entities
    1-3  providing public transportation.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 13A, Chapter 141, Acts of the 63rd
    1-6  Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
    1-7  Civil Statutes), is amended to read as follows:
    1-8        Sec. 13A.  TORT CLAIMS.  Any authority established under this
    1-9  Act or any transportation entity created under Title 112, Revised
   1-10  Statutes, or Section C, Article 2.01, Texas Business Corporation
   1-11  Act, is for the purpose of mass transit a governmental unit as
   1-12  defined by Chapter 101, Civil Practice and Remedies Code <hereunder
   1-13  shall be within the definition of "unit of government" as defined
   1-14  by the Texas Tort Claims Act, as amended (Article 6252-19, Vernon's
   1-15  Texas Civil Statutes)>, and all operations of an authority or
   1-16  entity are deemed to be essential governmental functions and not
   1-17  proprietary functions for all purposes, including the application
   1-18  of Chapter 101, Civil Practice and Remedies Code, and its
   1-19  subsequent amendments <the Texas Tort Claims Act>.  If an
   1-20  independent contractor of the authority or entity is performing a
   1-21  function of the authority or entity, the contractor is liable for
   1-22  damages only to the extent that the authority or entity would be
   1-23  liable if the authority or entity itself were performing the
   1-24  function.
    2-1        SECTION 2.  The change in law made by this Act applies only
    2-2  to a cause of action that accrues on or after the effective date of
    2-3  this Act.  A cause of action that accrued before the effective date
    2-4  of this Act is governed by the law in effect at the time the action
    2-5  accrued and the former law is continued in effect for that purpose.
    2-6        SECTION 3.  This Act takes effect September 1, 1993.
    2-7        SECTION 4.  The importance of this legislation and the
    2-8  crowded condition of the calendars in both houses create an
    2-9  emergency and an imperative public necessity that the
   2-10  constitutional rule requiring bills to be read on three several
   2-11  days in each house be suspended, and this rule is hereby suspended.