By Corte H.B. No. 166
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
2-6 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.