BILL ANALYSIS H.B. 832 By: Craddick May 9, 1995 Committee Report (Unamended) BACKGROUND Article 45.521 of the Texas Code of Criminal Procedure allows a defendant to discharge a fine or court cost by performing community service. Currently the statue provides immunity to city employees from damages arising from an act of failure to act in connection to manual labor performed by a defendant. It is ambiguous in regard to the liability of a city itself and the defendant. PURPOSE The bill adds municipalities to the list of people who are exempt from liability for damages arising in connection with manual labor performed by the defendant performing community service in satisfaction of fines or costs. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 45.521(f), Code of Criminal Procedure, to include municipality, governmental entity, defendant supervisor, or a defendant to the list of entities not liable due to manual labor performed by defendant. SECTION 2. Effective date - September 1, 1995. SECTION 3. This Act applies only to a cause of action that arises on or after the effective date. SECTION 4. Emergency Clause. SUMMARY OF COMMITTEE ACTION The Committee on Civil Practices considered H.B. 832 in a public hearing on March 15, 1995. No one testified in support of, in opposition to or neutrally on the bill. The bill was left pending. H.B. 832 was considered in a formal meeting on May 9, 1995. The bill was reported favorably, without amendment, with the recommendation that it do pass, be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of six ayes, zero anys, zero pnv and three absent.