By Junell H.B. No. 383
Substitute the following for H.B. No. 383:
By Bosse C.S.H.B. No. 383
A BILL TO BE ENTITLED
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 101.106, Civil Practice and Remedies
1-20 Code, is amended to read as follows:
1-21 Sec. 101.106. ELECTION OF REMEDIES <EMPLOYEES NOT LIABLE
1-22 AFTER SETTLEMENT OR JUDGMENT>. A judgment in an action or a
1-23 settlement of a claim against the governmental unit under this
1-24 chapter bars any action involving the same subject matter by the
2-1 claimant against the employee of the governmental unit whose act or
2-2 omission gave rise to the claim.
2-3 SECTION 3. Section 104.001, Civil Practice and Remedies
2-4 Code, is amended to read as follows:
2-5 Sec. 104.001. State Liability; Persons Covered. In a cause
2-6 of action based on conduct described in Section 104.002, the state
2-7 shall indemnify the following persons, without regard to whether
2-8 the persons performed their services for compensation, for actual
2-9 damages, court costs, and attorney's fees adjudged against:
2-10 (1) an employee, a member of the governing board, or
2-11 any other officer of a state agency, institution, or department;
2-12 (2) a former employee, former member of the governing
2-13 board, or any other former officer of a state agency, institution,
2-14 or department who was an employee or officer when the act or
2-15 omission on which the damages are based occurred;
2-16 (3) a physician or psychiatrist licensed in this state
2-17 who was performing services under a contract with any state agency,
2-18 institution, or department or a racing official performing services
2-19 under a contract with the Texas Racing Commission when the act or
2-20 omission on which the damages are based occurred;
2-21 (4) a person serving on the governing board of a
2-22 foundation, corporation, or association at the request and on
2-23 behalf of an institution of higher education, as that term is
2-24 defined by Section 61.003(8), Education Code, not including a
2-25 public junior college; or
2-26 (5) the estate of a person listed in this section.
2-27 SECTION 4. Section 104.003(a), Civil Practice and Remedies
3-1 Code, is amended to read as follows:
3-2 (a) Except as provided by Subsection (c) or a specific
3-3 appropriation, state liability for indemnification under this
3-4 chapter may not exceed:
3-5 (1) $100,000 to a single person and $300,000 for a
3-6 single occurrence in the case of personal injury, death, or
3-7 deprivation of a right, privilege, or immunity; and
3-8 (2) $10,000 for a single occurrence of damage to
3-9 property.
3-10 SECTION 5. Chapter 108, Civil Practice and Remedies Code, is
3-11 amended to read as follows:
3-12 CHAPTER 108. LIMITATION OF LIABILITY FOR PUBLIC SERVANTS
3-13 Sec. 108.001. Definitions <DEFINITION>. In this chapter:
3-14 (1) "Public <, "public> servant" means a person who
3-15 is:
3-16 (A) a public official elected or appointed to
3-17 serve a governmental unit and acting in that capacity when the act
3-18 or omission on which the damages were based occurred; or
3-19 (B) covered by Section 104.001.
3-20 (2) "Public servant" does not include:
3-21 (A) a person licensed pursuant to either Article
3-22 4495b, Article 4513 or Article 4542a, TEX. REV. CIV. STAT.
3-23 (B) an independent contractor, an agent or
3-24 employee of an independent contractor, or another person who
3-25 performs a contract for a unit of government.
3-26 Sec. 108.002. Limitation of Liability. (a) Except in an
3-27 action arising under the constitution or laws of the United States,
4-1 a <A> public servant is not personally liable for damages in excess
4-2 of $100,000 arising from personal injury, death, or deprivation of
4-3 a right, privilege, or immunity if:
4-4 (1) the damages <to the extent that the state is
4-5 liable for indemnification under Section 104.002 that> are the
4-6 result of an act or omission by the public servant in the course
4-7 and scope of the public servant's office, employment, or
4-8 contractual performance for or service on behalf of a state agency,
4-9 institution, <or> department, or local government; and
4-10 (2) for the amount not in excess of $100,000, the
4-11 public servant is covered:
4-12 (A) by the state's obligation to indemnify under
4-13 Chapter 104;
4-14 (B) by a local government's authorization to
4-15 indemnify under Chapter 102;
4-16 (C) by liability or errors and omissions
4-17 insurance; or
4-18 (D) by liability or errors and omissions
4-19 coverage under an interlocal agreement.
4-20 (b) Except in an action arising under the constitution or
4-21 laws of the United States, a public servant is not liable for
4-22 damages in excess of $100,000 for property damage if:
4-23 (1) the damages are the result of an act or omission
4-24 by the public servant in the course and scope of the public
4-25 servant's office, employment, or contractual performance for or
4-26 service on behalf of a state agency, institution, department, or
4-27 local government; and
5-1 (2) for the amount not in excess of $100,000, the
5-2 public servant is covered:
5-3 (A) by the state's obligation to indemnify under
5-4 Chapter 104;
5-5 (B) by a local government's authorization to
5-6 indemnify under Chapter 102;
5-7 (C) by liability or errors and omissions
5-8 insurance; or
5-9 (D) by liability or errors and omissions
5-10 coverage under an interlocal agreement.
5-11 Sec. 108.003. State Liability Not Affected. (a) This
5-12 chapter does not affect the liability for indemnification of the
5-13 state under Chapter 104 or of a local government under Chapter 102.
5-14 (b) This chapter does not impose liability or waive immunity
5-15 for a public servant who has common law, statutory, or other
5-16 immunity.
5-17 SECTION 6. (a) This Act takes effect September 1, 1995.
5-18 (b) The change in law made by this Act applies to a cause of
5-19 action accruing on or after the effective date of this Act.
5-20 SECTION 7. The importance of this legislation and the
5-21 crowded condition of the calendars in both houses create an
5-22 emergency and an imperative public necessity that the
5-23 constitutional rule requiring bills to be read on three several
5-24 days in each house be suspended, and this rule is hereby suspended.