By Hunter of Nueces                                   H.B. No. 1558
       74R3361 DAK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the tort liability of governmental units.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 101.021, Civil Practice and Remedies
    1-5  Code, is amended to read as follows:
    1-6        Sec. 101.021.  Governmental Liability.  (a)  A governmental
    1-7  unit in the state is liable for:
    1-8              (1)  property damage, personal injury, and death
    1-9  proximately caused by the <wrongful act or omission or the>
   1-10  negligence of an employee acting within his scope of employment if:
   1-11                    (A)  the property damage, personal injury, or
   1-12  death is proximately caused by <arises from> the negligent
   1-13  operation or negligent use of a motor-driven vehicle or
   1-14  motor-driven equipment; and
   1-15                    (B)  the employee would be personally liable to
   1-16  the claimant according to Texas law; and
   1-17              (2)  personal injury and death proximately <so> caused
   1-18  by:
   1-19                    (A)  negligent <a condition or> use of tangible
   1-20  personal <or real> property if the governmental unit would, were it
   1-21  a private person, be liable to the claimant according to Texas law;
   1-22  or
   1-23                    (B)  a condition of real property if the
   1-24  governmental unit would, were it a private person, be liable to the
    2-1  claimant according to Texas law.
    2-2        (b)  In this section:
    2-3              (1)  "Negligent use" does not include nonuse except for
    2-4  the nonuse of integral parts of property that is used.
    2-5              (2)  "Tangible personal property" does not include
    2-6  information or any medium used to record, transmit, or receive
    2-7  information.
    2-8        SECTION 2.  Section 101.057, Civil Practice and Remedies
    2-9  Code, is amended to read as follows:
   2-10        Sec. 101.057.  Civil Disobedience and <CERTAIN> Intentional
   2-11  Torts.  This chapter does not apply to a claim:
   2-12              (1)  based on an injury or death connected with any act
   2-13  or omission arising out of civil disobedience, riot, insurrection,
   2-14  or rebellion; or
   2-15              (2)  arising out of any intentional tort committed by
   2-16  any person, including assault, battery, false imprisonment, or <any
   2-17  other intentional tort, including> a tort involving disciplinary
   2-18  action by school authorities.
   2-19        SECTION 3.  Section 101.102(b), Civil Practice and Remedies
   2-20  Code, is amended to read as follows:
   2-21        (b)  The pleadings of the suit shall <must> name as defendant
   2-22  the governmental unit against which liability is to be established.
   2-23        SECTION 4.  Subchapter D, Civil Practice and Remedies Code,
   2-24  is amended by adding Sections 101.1035 and 101.1036 to read as
   2-25  follows:
   2-26        Sec. 101.1035.  PRELIMINARY DETERMINATION OF WAIVER OF
   2-27  SOVEREIGN IMMUNITY.  (a)  A court shall make a preliminary
    3-1  determination of whether a claim against a governmental unit
    3-2  alleges facts that, if true, establish a waiver of the governmental
    3-3  unit's sovereign immunity as provided by this chapter.
    3-4        (b)  A court may not require a governmental unit to answer a
    3-5  claim or engage in discovery concerning the claim until a court
    3-6  determines that the claim does allege facts that, if true,
    3-7  establish a waiver of sovereign immunity.
    3-8        (c)  A court that determines that the claim does not allege
    3-9  facts that, if true, establish a waiver of sovereign immunity shall
   3-10  treat the claim as if it had sustained a special exception to the
   3-11  claim for the failure to state a cause of action upon which relief
   3-12  can be granted.
   3-13        Sec. 101.1036.  BURDENS OF PLEADING AND PROOF.  A person
   3-14  asserting a claim under this chapter against a governmental unit
   3-15  has the burden of pleading and proving facts that show that the
   3-16  claim is within the waiver of sovereign immunity provided by this
   3-17  chapter.
   3-18        SECTION 5.  This Act takes effect September 1, 1995, and
   3-19  applies only to a cause of action that accrues on or after that
   3-20  date.  A cause of action that accrues before the effective date of
   3-21  this Act is governed by the law as it existed immediately before
   3-22  the effective date of this Act, and that law is continued in effect
   3-23  for that purpose.
   3-24        SECTION 6.  The importance of this legislation and the
   3-25  crowded condition of the calendars in both houses create an
   3-26  emergency and an imperative public necessity that the
   3-27  constitutional rule requiring bills to be read on three several
    4-1  days in each house be suspended, and this rule is hereby suspended.