1-1 By: Junell (Senate Sponsor - Shapiro) H.B. No. 383
1-2 (In the Senate - Received from the House April 10, 1995;
1-3 April 11, 1995, read first time and referred to Committee on State
1-4 Affairs; April 12, 1995, rereferred to Committee on Economic
1-5 Development; April 26, 1995, reported adversely, with favorable
1-6 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-7 April 26, 1995, sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR H.B. No. 383 By: Shapiro
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to liability of certain governmental units and to the
1-12 employees and officers of those units.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 101.055, Civil Practice and Remedies
1-15 Code, is amended to read as follows:
1-16 Sec. 101.055. Certain Governmental Functions. This chapter
1-17 does not apply to a claim arising:
1-18 (1) in connection with the assessment or collection of
1-19 taxes by a governmental unit;
1-20 (2) from the action of an employee while responding to
1-21 an emergency call or reacting to an emergency situation if the
1-22 action is in compliance with the laws and ordinances applicable to
1-23 emergency action, or in the absence of such a law or ordinance, if
1-24 the action is not taken with conscious indifference or reckless
1-25 disregard for the safety of others; or
1-26 (3) from the failure to provide or the method of
1-27 providing police or fire protection.
1-28 SECTION 2. Section 104.001, Civil Practice and Remedies
1-29 Code, is amended to read as follows:
1-30 Sec. 104.001. State Liability; Persons Covered. In a cause
1-31 of action based on conduct described in Section 104.002, the state
1-32 shall indemnify the following persons, without regard to whether
1-33 the persons performed their services for compensation, for actual
1-34 damages, court costs, and attorney's fees adjudged against:
1-35 (1) an employee, a member of the governing board, or
1-36 any other officer of a state agency, institution, or department;
1-37 (2) a former employee, former member of the governing
1-38 board, or any other former officer of a state agency, institution,
1-39 or department who was an employee or officer when the act or
1-40 omission on which the damages are based occurred;
1-41 (3) a physician or psychiatrist licensed in this state
1-42 who was performing services under a contract with any state agency,
1-43 institution, or department or a racing official performing services
1-44 under a contract with the Texas Racing Commission when the act or
1-45 omission on which the damages are based occurred;
1-46 (4) a person serving on the governing board of a
1-47 foundation, corporation, or association at the request and on
1-48 behalf of an institution of higher education, as that term is
1-49 defined by Section 61.003(8), Education Code, not including a
1-50 public junior college; or
1-51 (5) the estate of a person listed in this section.
1-52 SECTION 3. Section 104.003(a), Civil Practice and Remedies
1-53 Code, is amended to read as follows:
1-54 (a) Except as provided by Subsection (c) or a specific
1-55 appropriation, state liability for indemnification under this
1-56 chapter may not exceed:
1-57 (1) $100,000 to a single person and $300,000 for a
1-58 single occurrence in the case of personal injury, death, or
1-59 deprivation of a right, privilege, or immunity; and
1-60 (2) $10,000 for a single occurrence of damage to
1-61 property.
1-62 SECTION 4. Chapter 108, Civil Practice and Remedies Code, is
1-63 amended to read as follows:
1-64 CHAPTER 108. LIMITATION OF LIABILITY FOR PUBLIC SERVANTS
1-65 Sec. 108.001. Definitions <DEFINITION>. In this chapter:
1-66 (1) "Public <, "public> servant" means a person who
1-67 is:
1-68 (A) a public official elected or appointed to
2-1 serve a governmental unit and acting in that capacity when the act
2-2 or omission on which the damages were based occurred; or
2-3 (B) covered by Section 104.001 or Section
2-4 102.001.
2-5 (2) "Public servant" does not include an independent
2-6 contractor, an agent or employee of an independent contractor, or
2-7 another person who performs a contract for a unit of government.
2-8 Sec. 108.002. Limitation of Liability. (a) Except in an
2-9 action arising under the constitution or laws of the United States,
2-10 a <A> public servant, other than a provider of health care as that
2-11 term is defined in Sec. 108.002(c), is not personally liable for
2-12 damages in excess of $100,000 arising from personal injury, death,
2-13 or deprivation of a right, privilege, or immunity if:
2-14 (1) the damages <to the extent that the state is
2-15 liable for indemnification under Section 104.002 that> are the
2-16 result of an act or omission by the public servant in the course
2-17 and scope of the public servant's office, employment, or
2-18 contractual performance for or service on behalf of a state agency,
2-19 institution, <or> department, or local government; and
2-20 (2) for the amount not in excess of $100,000, the
2-21 public servant is covered:
2-22 (A) by the state's obligation to indemnify under
2-23 Chapter 104;
2-24 (B) by a local government's authorization to
2-25 indemnify under Chapter 102;
2-26 (C) by liability or errors and omissions
2-27 insurance; or
2-28 (D) by liability or errors and omissions
2-29 coverage under an interlocal agreement.
2-30 (b) Except in an action arising under the constitution or
2-31 laws of the United States, a public servant, other than a provider
2-32 of health care as that term is defined in Sec. 108.002(c), is not
2-33 liable for damages in excess of $100,000 for property damage if:
2-34 (1) the damages are the result of an act or omission
2-35 by the public servant in the course and scope of the public
2-36 servant's office, employment, or contractual performance for or
2-37 service on behalf of a state agency, institution, department, or
2-38 local government; and
2-39 (2) for the amount not in excess of $100,000, the
2-40 public servant is covered:
2-41 (A) by the state's obligation to indemnify under
2-42 Chapter 104;
2-43 (B) by a local government's authorization to
2-44 indemnify under Chapter 102;
2-45 (C) by liability or errors and omissions
2-46 insurance; or
2-47 (D) by liability or errors and omissions
2-48 coverage under an interlocal agreement.
2-49 Sec. 108.003. State Liability Not Affected. (a) This
2-50 chapter does not affect the liability for indemnification of the
2-51 state under Chapter 104 or of a local government under Chapter 102.
2-52 (b) This chapter does not impose liability or waive immunity
2-53 for a public servant who has common law, statutory, or other
2-54 immunity.
2-55 (c) A provider of health care in Sections 108.002(a) and (b)
2-56 is one of the following licensed health care providers:
2-57 (1) physicians;
2-58 (2) psychiatrists;
2-59 (3) pharmacists;
2-60 (4) registered nurses;
2-61 (5) podiatrists;
2-62 (6) chiropractors;
2-63 (7) psychologists;
2-64 (8) physician assistants;
2-65 (9) licensed vocational nurses;
2-66 (10) profusionists;
2-67 (11) dieticians;
2-68 (12) respiratory therapists;
2-69 (13) occupational therapists;
2-70 (14) physical therapists;
3-1 (15) audiologists;
3-2 (16) speech therapists;
3-3 (17) radiological technologists;
3-4 (18) social workers;
3-5 (19) professional counselors; and
3-6 (20) family marriage therapists.
3-7 SECTION 5. Subchapter C, Chapter 101, Civil Practice and
3-8 Remedies Code, is amended by adding Section 101.064 to read as
3-9 follows:
3-10 Sec. 101.064. LAND ACQUIRED UNDER FORECLOSURE OF LIEN.
3-11 (a) This section applies only to a municipality with a population
3-12 of 1.5 million or more that acquires land at a sale following the
3-13 foreclosure of a lien held by the municipality.
3-14 (b) This chapter does not apply to a claim that:
3-15 (1) arises after the date the land was acquired and
3-16 before the date the land is sold, conveyed, or exchanged by the
3-17 municipality; and
3-18 (2) arises from:
3-19 (A) the condition of the land;
3-20 (B) a premises defect on the land; or
3-21 (C) an action committed by any person, other
3-22 than an agent or employee of the municipality, on the land.
3-23 (c) In this section, the term "land" includes any building
3-24 or improvement located on land acquired by a municipality.
3-25 SECTION 6. The change in law made by this Act by the
3-26 addition of Section 101.064, Civil Practice and Remedies Code,
3-27 applies only to a claim brought against a municipality that is
3-28 filed with a court on or after the effective date of this Act. A
3-29 claim filed with a court before the effective date of this Act is
3-30 governed by the law as it existed immediately before the effective
3-31 date of this Act, and that law is continued in effect for that
3-32 purpose.
3-33 SECTION 7. (a) This Act takes effect September 1, 1995.
3-34 (b) The change in law made by this Act applies to a cause of
3-35 action accruing on or after the effective date of this Act.
3-36 SECTION 8. The importance of this legislation and the
3-37 crowded condition of the calendars in both houses create an
3-38 emergency and an imperative public necessity that the
3-39 constitutional rule requiring bills to be read on three several
3-40 days in each house be suspended, and this rule is hereby suspended.
3-41 * * * * *