By Corte                                               H.B. No. 166
       74R1510 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to liability of certain governmental units and the
    1-3  employees of those units.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 101.106, Civil Practice and Remedies
    1-6  Code, is amended to read as follows:
    1-7        Sec. 101.106.  ELECTION OF REMEDIES <EMPLOYEES NOT LIABLE
    1-8  AFTER SETTLEMENT OR JUDGMENT>.  (a)  Commencement of <A judgment
    1-9  in> an action or <a> settlement of a claim under this chapter bars
   1-10  any action involving the same subject matter by the claimant
   1-11  against the employee of the governmental unit whose act or omission
   1-12  gave rise to the claim.
   1-13        (b)  Commencement of an action or settlement of a claim
   1-14  against an employee of a governmental unit bars any action
   1-15  involving the same subject matter by the claimant against the
   1-16  governmental unit under this chapter.
   1-17        (c)  If an action is commenced against a governmental unit
   1-18  and its employee and the claims against the governmental unit and
   1-19  the employee involve the same subject matter, the court shall
   1-20  require  the claimant to take a nonsuit against either the
   1-21  governmental unit or the employee, at the election of the claimant.
   1-22        (d)  This section applies without regard to whether the
   1-23  action is dismissed or continues to final judgment.
   1-24        SECTION 2.  This Act takes effect September 1, 1995, and
    2-1  applies only to a cause of action that accrues on or after that
    2-2  date.  An action that accrued before the effective date of this Act
    2-3  is governed by the law applicable to the action at the time the
    2-4  action accrued, and that law is continued in effect for that
    2-5  purpose.
    2-6        SECTION 3.  The importance of this legislation and the
    2-7  crowded condition of the calendars in both houses create an
    2-8  emergency and an imperative public necessity that the
    2-9  constitutional rule requiring bills to be read on three several
   2-10  days in each house be suspended, and this rule is hereby suspended.