By Hunter of Nueces H.B. No. 1557
74R3360 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to liability of certain governmental units and to the
1-3 employees of those units.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 101.106, Civil Practice and Remedies
1-6 Code, is amended to read as follows:
1-7 Sec. 101.106. ELECTION OF REMEDIES <EMPLOYEES NOT LIABLE
1-8 AFTER SETTLEMENT OR JUDGMENT>. (a) Commencement of <A judgment
1-9 in> an action or <a> settlement of a claim under this chapter bars
1-10 any action involving the same subject matter by the claimant
1-11 against the employee of the governmental unit whose act or omission
1-12 gave rise to the claim.
1-13 (b) Commencement of an action or settlement of a claim
1-14 against an employee of a governmental unit bars any action
1-15 involving the same subject matter by the claimant against the
1-16 governmental unit under this chapter.
1-17 (c) If an action is commenced against a governmental unit
1-18 and its employee and the claims against the governmental unit and
1-19 the employee involve the same subject matter, the court shall
1-20 require the claimant to take a nonsuit against either the
1-21 governmental unit or the employee, at the election of the claimant.
1-22 (d) This section applies without regard to whether the
1-23 action is dismissed or continues to final judgment.
1-24 SECTION 2. Chapter 108, Civil Practice and Remedies Code, is
2-1 amended to read as follows:
2-2 CHAPTER 108. LIMITATION OF LIABILITY FOR PUBLIC SERVANTS
2-3 Sec. 108.001. DEFINITIONS <DEFINITION>. In this chapter:
2-4 (1) "Public<, "public> servant" means a person who is:
2-5 (A) in the paid or unpaid service of a local
2-6 government by competent authority, but does not include an
2-7 independent contractor, an agent or employee of an independent
2-8 contractor, or another person who performs tasks the details of
2-9 which the local government does not have the legal right to
2-10 control; or
2-11 (B) covered by Section 104.001.
2-12 (2) "Local government" has the meaning assigned by
2-13 Section 102.001.
2-14 Sec. 108.002. Limitation of Liability. Except in an action
2-15 arising under the constitution or laws of the United States, a <A>
2-16 public servant is not personally liable for damages in excess of
2-17 the limits applicable to the public servant's governmental unit
2-18 under Section 101.023 and arising from personal injury, death, or
2-19 deprivation of a right, privilege, or immunity if:
2-20 (1) the damages <to the extent that the state is
2-21 liable for indemnification under Section 104.002 that> are the
2-22 result of an act or omission by the public servant in the course
2-23 and scope of the public servant's office, employment, or
2-24 contractual performance for or service on behalf of a state agency,
2-25 institution, <or> department, or local government; and
2-26 (2) for the amount not in excess of the limits
2-27 applicable to the public servant's governmental unit under Section
3-1 101.023, the public servant is covered:
3-2 (A) by the state's obligation to indemnify under
3-3 Chapter 104;
3-4 (B) by a local government's authorization to
3-5 indemnify under Chapter 102; or
3-6 (C) by liability or errors and omissions
3-7 insurance or self-insurance authorized by law.
3-8 Sec. 108.003. State Liability Not Affected. This chapter
3-9 does not affect the liability of the state or local government
3-10 under Chapter 101, 102, or <Chapter> 104.
3-11 SECTION 3. This Act takes effect September 1, 1995, and
3-12 applies only to a cause of action that accrues on or after that
3-13 date. An action that accrued before the effective date of this Act
3-14 is governed by the law as it existed immediately before the
3-15 effective date of this Act, and that law is continued in effect for
3-16 that purpose.
3-17 SECTION 4. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.