By Hunter of Nueces H.B. No. 1561
74R3363 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to liability of a peace officer and a governmental unit
1-3 employing the peace officer for certain damages resulting from
1-4 pursuit by the officer.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 24(e), Uniform Act Regulating Traffic on
1-7 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
1-8 to read as follows:
1-9 (e) The foregoing provisions shall not relieve the driver of
1-10 an authorized emergency vehicle from the duty to drive with due
1-11 regard for the safety of all persons, nor shall such provisions
1-12 protect the driver from the consequences of his reckless disregard
1-13 for the safety of others. Notwithstanding Chapter 101, Civil
1-14 Practice and Remedies Code, or any other law, a peace officer or a
1-15 governmental unit that employs the officer is not liable for
1-16 personal injury, property damage, or death resulting from the
1-17 operation of a motor vehicle by a suspect whom the officer is
1-18 pursuing or has been pursuing or who believes an officer is in
1-19 pursuit, if the officer acts within the course and scope of the
1-20 officer's employment and conducts the pursuit in good faith. A
1-21 peace officer conducts a pursuit in good faith if:
1-22 (1) the officer believes that the need to immediately
1-23 apprehend the suspect outweighs the risk of harm to the public in
1-24 continuing the pursuit; or
2-1 (2) a reasonably prudent officer, under the same or
2-2 similar circumstances, would have believed that the need to
2-3 immediately apprehend the suspect outweighed the risk of harm to
2-4 the public in continuing the pursuit.
2-5 SECTION 2. This Act takes effect September 1, 1995, and
2-6 applies only to a cause of action that accrues on or after that
2-7 date. An action that accrued before the effective date of this Act
2-8 is governed by the law as it existed immediately before the
2-9 effective date of this Act and that law is continued in effect for
2-10 that purpose.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.