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.