1-1 By: Patterson S.B. No. 606
1-2 (In the Senate - Filed March 3, 1993; March 4, 1993, read
1-3 first time and referred to Committee on State Affairs;
1-4 March 17, 1993, reported favorably by the following vote: Yeas 11,
1-5 Nays 0; March 17, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the liability of certain transportation entities
1-24 providing public transportation and their independent contractors.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 13A, Chapter 141, Acts of the 63rd
1-27 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
1-28 Civil Statutes), is amended to read as follows:
1-29 Sec. 13A. TORT CLAIMS. Any authority established under this
1-30 Act or any transportation entity created under Chapter 1, Title
1-31 112, Revised Statutes, or Section C, Article 2.01, Texas Business
1-32 Corporation Act, is for the purpose of mass transit a governmental
1-33 unit as defined by Chapter 101, Civil Practice and Remedies Code
1-34 <hereunder shall be within the definition of "unit of government"
1-35 as defined by the Texas Tort Claims Act, as amended (Article
1-36 6252-19, Vernon's Texas Civil Statutes)>, and all operations of an
1-37 authority or entity are deemed to be essential governmental
1-38 functions and not proprietary functions for all purposes, including
1-39 the application of Chapter 101, Civil Practice and Remedies Code,
1-40 and its subsequent amendments <the Texas Tort Claims Act>. If an
1-41 independent contractor of the authority or entity is performing a
1-42 function of the authority or entity, the contractor is liable for
1-43 damages only to the extent that the authority or entity would be
1-44 liable if the authority or entity itself were performing the
1-45 function.
1-46 SECTION 2. The change in law made by this Act applies only
1-47 to a cause of action that accrues on or after the effective date of
1-48 this Act. A cause of action that accrued before the effective date
1-49 of this Act is governed by the law in effect at the time the action
1-50 accrued, and the former law is continued in effect for that
1-51 purpose.
1-52 SECTION 3. This Act takes effect September 1, 1993.
1-53 SECTION 4. The importance of this legislation and the
1-54 crowded condition of the calendars in both houses create an
1-55 emergency and an imperative public necessity that the
1-56 constitutional rule requiring bills to be read on three several
1-57 days in each house be suspended, and this rule is hereby suspended.
1-58 * * * * *
1-59 Austin,
1-60 Texas
1-61 March 17, 1993
1-62 Hon. Bob Bullock
1-63 President of the Senate
1-64 Sir:
1-65 We, your Committee on State Affairs to which was referred S.B.
1-66 No. 606, have had the same under consideration, and I am instructed
1-67 to report it back to the Senate with the recommendation that it do
1-68 pass and be printed.
2-1 Harris of
2-2 Dallas, Chairman
2-3 * * * * *
2-4 WITNESSES
2-5 FOR AGAINST ON
2-6 ___________________________________________________________________
2-7 Name: Franklin Denson x
2-8 Representing: Tx Limited
2-9 City: Houston
2-10 -------------------------------------------------------------------
2-11 Name: Michael Hughes x
2-12 Representing: Tx Limited
2-13 City: Galveston
2-14 -------------------------------------------------------------------