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.