By Craddick                                            H.B. No. 832
       74R2304 DD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the civil liability of a governmental entity that
    1-3  supervises a defendant performing community service.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 45.521(f), Code of Criminal Procedure, is
    1-6  amended to read as follows:
    1-7        (f)  A sheriff, employee of a sheriff's department, county
    1-8  commissioner, county employee, county judge, justice of the peace,
    1-9  municipal court judge, municipality, or officer or employee of a
   1-10  political subdivision other than a county is not liable for damages
   1-11  arising from an act or failure to act by the governmental entity or
   1-12  person supervising a defendant or by the defendant in connection
   1-13  with manual labor performed by the <a> defendant under this article
   1-14  if the act or failure to act:
   1-15              (1)  was performed pursuant to court order; and
   1-16              (2)  was not intentional, wilfully or wantonly
   1-17  negligent, or performed with conscious indifference or reckless
   1-18  disregard for the safety of others.
   1-19        SECTION 2.  This Act takes effect September 1, 1995.
   1-20        SECTION 3.  (a)  The change in law made by this Act applies
   1-21  only to a cause of action that arises on or after the effective
   1-22  date of this Act.
   1-23        (b)  A cause of action that arises before the effective date
   1-24  of this Act is governed by the law in effect at the time the cause
    2-1  of action arose, and that law is continued in effect for that
    2-2  purpose.
    2-3        SECTION 4.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended.