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.