1-1 By: Wentworth S.B. No. 1389
1-2 (In the Senate - Filed April 19, 1993; April 20, 1993, read
1-3 first time and referred to Committee on State Affairs;
1-4 May 22, 1993, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; May 22, 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 indemnification of certain government employees.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subsections (a) and (c), Section 102.002, Civil
1-26 Practice and Remedies Code, are amended to read as follows:
1-27 (a) A local government may pay actual damages awarded
1-28 against an employee of the local government if the damages:
1-29 (1) result from an act or omission of the employee in
1-30 the course and scope of his employment for the local government;
1-31 and
1-32 (2) arise from a cause of action for:
1-33 (A) negligence or gross negligence; or
1-34 (B) an intentional act, including a cause of
1-35 action for a deprivation of a right, privilege, or immunity
1-36 guaranteed by the constitution or laws of this state or of the
1-37 United States.
1-38 (c) A local government may not pay damages awarded against
1-39 an employee that<:>
1-40 <(1)> arise from a cause of action for official
1-41 misconduct. For purposes of this subsection, "official misconduct"
1-42 has the meaning assigned by Section 21.002, Local Government Code.
1-43 The term includes any act that would be an offense under Section
1-44 39.01, Penal Code<; or>
1-45 <(2) arise from a cause of action involving a wilful
1-46 or wrongful act or omission or an act or omission constituting
1-47 gross negligence>.
1-48 SECTION 2. Section 102.003, Civil Practice and Remedies
1-49 Code, is amended to read as follows:
1-50 Sec. 102.003. Maximum Payments. (a) Except as provided by
1-51 Subsection (b), payments <Payments> under this chapter by a local
1-52 government may not exceed:
1-53 (1) the limits on amounts recoverable against the
1-54 local government established by Section 101.023 for personal
1-55 injury, death, or property damage; or
1-56 (2) $100,000 to any one person or $300,000 for any
1-57 single occurrence in any other <the> case <of personal injury or
1-58 death or $10,000 for a single occurrence of property damage>.
1-59 (b) Notwithstanding any other law, a local government may
1-60 pay damages awarded against an employee in any amount if the
1-61 payment:
1-62 (1) is made with current funds that were not
1-63 appropriated to the local government by the state; and
1-64 (2) is in the interest of the local government as
1-65 determined by its governing body.
1-66 SECTION 3. Section 104.001, Civil Practice and Remedies
1-67 Code, is amended to read as follows:
1-68 Sec. 104.001. State Liability; Persons Covered. In a cause
2-1 of action based on conduct described in Section 104.002, the state
2-2 shall indemnify the following persons, without regard to whether
2-3 the persons performed their services for compensation, for actual
2-4 damages, court costs, and attorney's fees adjudged against:
2-5 (1) an employee, a member of the governing board, or
2-6 any other officer of a state agency, institution, or department;
2-7 (2) a former employee, former member of the governing
2-8 board, or any other former officer of a state agency, institution,
2-9 or department who was an employee or officer when the act or
2-10 omission on which the damages are based occurred;
2-11 (3) a physician or psychiatrist licensed in this state
2-12 who was performing services under a contract with any state agency,
2-13 institution, or department or a racing official performing services
2-14 under a contract with the Texas Racing Commission when the act or
2-15 omission on which the damages are based occurred;
2-16 (4) a person serving on the governing board of a
2-17 foundation, corporation, or association at the request and on
2-18 behalf of an institution of higher education, as that term is
2-19 defined by Section 61.003(8), Education Code, not including a
2-20 public junior college; or
2-21 (5) the estate of a person listed in this section.
2-22 SECTION 4. (a) This Act takes effect September 1, 1993.
2-23 (b) This Act applies only to a claim for indemnity arising
2-24 from conduct that occurs on or after the effective date of this
2-25 Act. A claim for indemnity arising from conduct that occurred
2-26 before the effective date of this Act is governed by the law in
2-27 effect at the time the conduct occurred, and that law is continued
2-28 in effect for that purpose.
2-29 SECTION 5. The importance of this legislation and the
2-30 crowded condition of the calendars in both houses create an
2-31 emergency and an imperative public necessity that the
2-32 constitutional rule requiring bills to be read on three several
2-33 days in each house be suspended, and this rule is hereby suspended.
2-34 * * * * *
2-35 Austin,
2-36 Texas
2-37 May 22, 1993
2-38 Hon. Bob Bullock
2-39 President of the Senate
2-40 Sir:
2-41 We, your Committee on State Affairs to which was referred S.B.
2-42 No. 1389, have had the same under consideration, and I am
2-43 instructed to report it back to the Senate with the recommendation
2-44 that it do pass and be printed.
2-45 Rosson,
2-46 Vice-Chairman
2-47 * * * * *
2-48 WITNESSES
2-49 FOR AGAINST ON
2-50 ___________________________________________________________________
2-51 Name: Charles Rex Hall x
2-52 Representing: Self
2-53 City: Austin
2-54 -------------------------------------------------------------------
2-55 Name: Terry Davis x
2-56 Representing: Self
2-57 City: Austin
2-58 -------------------------------------------------------------------
2-59 FOR AGAINST ON
2-60 ___________________________________________________________________
2-61 Name: Margo Frasier x
2-62 Representing:
2-63 City: Austin
2-64 -------------------------------------------------------------------
2-65 Name: Robert Lemens x
2-66 Representing: Tx Assn of Counties
2-67 City: Austin
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2-69 Name: Jorge Vega x
2-70 Representing: Office of Attorney General
3-1 City: Austin
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