H.B. No. 383
1-1 AN ACT
1-2 relating to liability of certain governmental units and to the
1-3 employees and officers of those units.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 101.055, Civil Practice and Remedies
1-6 Code, is amended to read as follows:
1-7 Sec. 101.055. Certain Governmental Functions. This chapter
1-8 does not apply to a claim arising:
1-9 (1) in connection with the assessment or collection of
1-10 taxes by a governmental unit;
1-11 (2) from the action of an employee while responding to
1-12 an emergency call or reacting to an emergency situation if the
1-13 action is in compliance with the laws and ordinances applicable to
1-14 emergency action, or in the absence of such a law or ordinance, if
1-15 the action is not taken with conscious indifference or reckless
1-16 disregard for the safety of others; or
1-17 (3) from the failure to provide or the method of
1-18 providing police or fire protection.
1-19 SECTION 2. Section 104.001, Civil Practice and Remedies
1-20 Code, is amended to read as follows:
1-21 Sec. 104.001. State Liability; Persons Covered. In a cause
1-22 of action based on conduct described in Section 104.002, the state
1-23 shall indemnify the following persons, without regard to whether
1-24 the persons performed their services for compensation, for actual
2-1 damages, court costs, and attorney's fees adjudged against:
2-2 (1) an employee, a member of the governing board, or
2-3 any other officer of a state agency, institution, or department;
2-4 (2) a former employee, former member of the governing
2-5 board, or any other former officer of a state agency, institution,
2-6 or department who was an employee or officer when the act or
2-7 omission on which the damages are based occurred;
2-8 (3) a physician or psychiatrist licensed in this state
2-9 who was performing services under a contract with any state agency,
2-10 institution, or department or a racing official performing services
2-11 under a contract with the Texas Racing Commission when the act or
2-12 omission on which the damages are based occurred;
2-13 (4) a person serving on the governing board of a
2-14 foundation, corporation, or association at the request and on
2-15 behalf of an institution of higher education, as that term is
2-16 defined by Section 61.003(8), Education Code, not including a
2-17 public junior college; or
2-18 (5) the estate of a person listed in this section.
2-19 SECTION 3. Section 104.003(a), Civil Practice and Remedies
2-20 Code, is amended to read as follows:
2-21 (a) Except as provided by Subsection (c) or a specific
2-22 appropriation, state liability for indemnification under this
2-23 chapter may not exceed:
2-24 (1) $100,000 to a single person and $300,000 for a
2-25 single occurrence in the case of personal injury, death, or
2-26 deprivation of a right, privilege, or immunity; and
2-27 (2) $10,000 for a single occurrence of damage to
3-1 property.
3-2 SECTION 4. Chapter 108, Civil Practice and Remedies Code, is
3-3 amended to read as follows:
3-4 CHAPTER 108. LIMITATION OF LIABILITY FOR PUBLIC SERVANTS
3-5 Sec. 108.001. Definitions <DEFINITION>. In this chapter:
3-6 (1) "Public <, "public> servant" means a person who
3-7 is:
3-8 (A) a public official elected or appointed to
3-9 serve a governmental unit and acting in that capacity when the act
3-10 or omission on which the damages were based occurred; or
3-11 (B) covered by Section 104.001 or Section
3-12 102.001.
3-13 (2) "Public servant" does not include an independent
3-14 contractor, an agent or employee of an independent contractor, or
3-15 another person who performs a contract for a unit of government.
3-16 Sec. 108.002. Limitation of Liability. (a) Except in an
3-17 action arising under the constitution or laws of the United States,
3-18 a <A> public servant, other than a provider of health care as that
3-19 term is defined in Section 108.002(c), is not personally liable for
3-20 damages in excess of $100,000 arising from personal injury, death,
3-21 or deprivation of a right, privilege, or immunity if:
3-22 (1) the damages <to the extent that the state is
3-23 liable for indemnification under Section 104.002 that> are the
3-24 result of an act or omission by the public servant in the course
3-25 and scope of the public servant's office, employment, or
3-26 contractual performance for or service on behalf of a state agency,
3-27 institution, <or> department, or local government; and
4-1 (2) for the amount not in excess of $100,000, the
4-2 public servant is covered:
4-3 (A) by the state's obligation to indemnify under
4-4 Chapter 104;
4-5 (B) by a local government's authorization to
4-6 indemnify under Chapter 102;
4-7 (C) by liability or errors and omissions
4-8 insurance; or
4-9 (D) by liability or errors and omissions
4-10 coverage under an interlocal agreement.
4-11 (b) Except in an action arising under the constitution or
4-12 laws of the United States, a public servant, other than a provider
4-13 of health care as that term is defined in Section 108.002(c), is
4-14 not liable for damages in excess of $100,000 for property damage
4-15 if:
4-16 (1) the damages are the result of an act or omission
4-17 by the public servant in the course and scope of the public
4-18 servant's office, employment, or contractual performance for or
4-19 service on behalf of a state agency, institution, department, or
4-20 local government; and
4-21 (2) for the amount not in excess of $100,000, the
4-22 public servant is covered:
4-23 (A) by the state's obligation to indemnify under
4-24 Chapter 104;
4-25 (B) by a local government's authorization to
4-26 indemnify under Chapter 102;
4-27 (C) by liability or errors and omissions
5-1 insurance; or
5-2 (D) by liability or errors and omissions
5-3 coverage under an interlocal agreement.
5-4 (c) A provider of health care in Sections 108.002(a) and (b)
5-5 is one of the following licensed health care providers:
5-6 (1) physicians;
5-7 (2) psychiatrists;
5-8 (3) pharmacists;
5-9 (4) registered nurses;
5-10 (5) podiatrists;
5-11 (6) chiropractors;
5-12 (7) psychologists;
5-13 (8) physician assistants;
5-14 (9) licensed vocational nurses;
5-15 (10) perfusionists;
5-16 (11) dietitians;
5-17 (12) respiratory therapists;
5-18 (13) occupational therapists;
5-19 (14) physical therapists;
5-20 (15) audiologists;
5-21 (16) speech therapists;
5-22 (17) radiological technologists;
5-23 (18) social workers;
5-24 (19) professional counselors; and
5-25 (20) family marriage therapists.
5-26 Sec. 108.003. State Liability Not Affected. (a) This
5-27 chapter does not affect the liability for indemnification of the
6-1 state under Chapter 104 or of a local government under Chapter 102.
6-2 (b) This chapter does not impose liability or waive immunity
6-3 for a public servant who has common law, statutory, or other
6-4 immunity.
6-5 SECTION 5. Subchapter C, Chapter 101, Civil Practice and
6-6 Remedies Code, is amended by adding Section 101.064 to read as
6-7 follows:
6-8 Sec. 101.064. LAND ACQUIRED UNDER FORECLOSURE OF LIEN.
6-9 (a) This section applies only to a municipality with a population
6-10 of 1.5 million or more that acquires land at a sale following the
6-11 foreclosure of a lien held by the municipality.
6-12 (b) This chapter does not apply to a claim that:
6-13 (1) arises after the date the land was acquired and
6-14 before the date the land is sold, conveyed, or exchanged by the
6-15 municipality; and
6-16 (2) arises from:
6-17 (A) the condition of the land;
6-18 (B) a premises defect on the land; or
6-19 (C) an action committed by any person, other
6-20 than an agent or employee of the municipality, on the land.
6-21 (c) In this section, the term "land" includes any building
6-22 or improvement located on land acquired by a municipality.
6-23 SECTION 6. The change in law made by this Act by the
6-24 addition of Section 101.064, Civil Practice and Remedies Code,
6-25 applies only to a claim brought against a municipality that is
6-26 filed with a court on or after the effective date of this Act. A
6-27 claim filed with a court before the effective date of this Act is
7-1 governed by the law as it existed immediately before the effective
7-2 date of this Act, and that law is continued in effect for that
7-3 purpose.
7-4 SECTION 7. (a) This Act takes effect September 1, 1995.
7-5 (b) The change in law made by this Act applies to a cause of
7-6 action accruing on or after the effective date of this Act.
7-7 SECTION 8. The importance of this legislation and the
7-8 crowded condition of the calendars in both houses create an
7-9 emergency and an imperative public necessity that the
7-10 constitutional rule requiring bills to be read on three several
7-11 days in each house be suspended, and this rule is hereby suspended.