By Luna S.B. No. 234
74R3732 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to claims against the state.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 5, Civil Practice and Remedies Code, is
1-5 amended by adding Chapter 111 to read as follows:
1-6 CHAPTER 111. CLAIMS AGAINST THE STATE
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 111.001. DEFINITIONS. In this chapter:
1-9 (1) "Claimant" means a person with a claim described
1-10 by Section 111.002(a).
1-11 (2) "Unit of state government" means the state or an
1-12 agency, department, commission, bureau, board, office, council,
1-13 court, or other entity that is in any branch of state government
1-14 and that is created by the constitution or a statute of this state,
1-15 including a university system or institution of higher education as
1-16 defined by Section 61.003, Education Code. The term does not
1-17 include a county, municipality, court of a county or municipality,
1-18 special purpose district, or other political subdivision of this
1-19 state.
1-20 Sec. 111.002. SCOPE OF CHAPTER. (a) This chapter applies
1-21 to a claim made against a unit of state government for which, if
1-22 the facts on which the claim is based were true and if the unit of
1-23 state government were liable to the same extent as a private person
1-24 under the laws of this state, the unit of state government would be
2-1 liable.
2-2 (b) This chapter applies without regard to the legal theory
2-3 on which the claim is based.
2-4 (c) This chapter does not apply to a claim brought under
2-5 Chapter 554, Government Code, or to a claim for which a unit of
2-6 state government may be held liable under another law.
2-7 Sec. 111.003. SOVEREIGN IMMUNITY PRESERVED. (a) This
2-8 chapter does not waive the state's sovereign immunity from suit.
2-9 (b) This chapter waives the state's sovereign immunity from
2-10 liability only to the extent damages are awarded against a unit of
2-11 state government under Subchapter B.
2-12 (Sections 111.004-111.010 reserved for expansion
2-13 SUBCHAPTER B. BINDING ARBITRATION
2-14 Sec. 111.011. ARBITRATION AUTHORIZED. A claimant may
2-15 obtain an award of damages against a unit of state government
2-16 through binding arbitration to the extent authorized by this
2-17 subchapter.
2-18 Sec. 111.012. NOTICE; REQUEST FOR ARBITRATION. A claimant
2-19 may notify a unit of state government of a claim and request
2-20 arbitration under this chapter. The claimant shall mail a copy of
2-21 the notice to the office of the attorney general in Travis County.
2-22 Sec. 111.013. SUBMISSION OF CLAIM TO ARBITRATION. Not later
2-23 than the 90th day after the date on which the attorney general
2-24 receives the notice, the attorney general shall submit the claim to
2-25 arbitration.
2-26 Sec. 111.014. ARBITRATION. An arbitration under this
2-27 chapter between the unit of state government and another person
3-1 shall be binding arbitration conducted by a panel of three
3-2 arbitrators.
3-3 Sec. 111.015. ARBITRATION PROCEDURES. (a) The panel shall
3-4 be selected and the arbitration shall be decided in accordance with
3-5 rules adopted by the chief administrative law judge of the State
3-6 Office of Administrative Hearings. The chief administrative law
3-7 judge may appoint an advisory panel to assist in development of the
3-8 rules.
3-9 (b) The attorney general shall represent the unit of state
3-10 government in an arbitration conducted under this chapter. The
3-11 claimant may be represented by an attorney.
3-12 (c) The claimant shall pay the cost of an arbitration
3-13 conducted under this chapter.
3-14 Sec. 111.016. ARBITRATION AWARD. (a) The arbitration panel
3-15 shall make an award of damages to a claimant if the panel finds
3-16 that, under the laws of this state, the unit of state government
3-17 would be liable to the claimant if the unit of state government
3-18 were a private person.
3-19 (b) An arbitration panel may not make an award of exemplary
3-20 damages under this subchapter.
3-21 Sec. 111.017. APPEAL. A party to an arbitration conducted
3-22 under this chapter may not appeal the award of the arbitration
3-23 panel.
3-24 (Sections 111.018-111.020 reserved for expansion
3-25 SUBCHAPTER C. PAYMENT OF AWARD OF ARBITRATION PANEL
3-26 Sec. 111.021. APPROPRIATION REQUIRED. An award of an
3-27 arbitration panel issued under this chapter is payable only by a
4-1 legislative appropriation for the claim.
4-2 SECTION 2. Section 101.001(2), Civil Practice and Remedies
4-3 Code, is amended to read as follows:
4-4 (2) "Governmental unit" means<:>
4-5 <(A) this state and all the several agencies of
4-6 government that collectively constitute the government of this
4-7 state, including other agencies bearing different designations, and
4-8 all departments, bureaus, boards, commissions, offices, agencies,
4-9 councils, and courts;>
4-10 <(B)> a political subdivision of this state,
4-11 including any city, county, school district, junior college
4-12 district, levee improvement district, drainage district, irrigation
4-13 district, water improvement district, water control and improvement
4-14 district, water control and preservation district, freshwater
4-15 supply district, navigation district, conservation and reclamation
4-16 district, soil conservation district, communication district,
4-17 public health district, and river authority<; and>
4-18 <(C) any other institution, agency, or organ of
4-19 government the status and authority of which are derived from the
4-20 Constitution of Texas or from laws passed by the legislature under
4-21 the constitution>.
4-22 SECTION 3. Section 101.023, Civil Practice and Remedies
4-23 Code, is amended to read as follows:
4-24 Sec. 101.023. LIMITATION ON AMOUNT OF LIABILITY. (a)
4-25 <Liability of the state government under this chapter is limited to
4-26 money damages in a maximum amount of $250,000 for each person and
4-27 $500,000 for each single occurrence for bodily injury or death and
5-1 $100,000 for each single occurrence for injury to or destruction of
5-2 property.>
5-3 <(b)> Except as provided by Subsection (b) <(c)>, liability
5-4 of a governmental unit <of local government> under this chapter is
5-5 limited to money damages in a maximum amount of $100,000 for each
5-6 person and $300,000 for each single occurrence for bodily injury or
5-7 death and $100,000 for each single occurrence for injury to or
5-8 destruction of property.
5-9 (b) <(c)> Liability of a municipality under this chapter is
5-10 limited to money damages in a maximum amount of $250,000 for each
5-11 person and $500,000 for each single occurrence for bodily injury or
5-12 death and $100,000 for each single occurrence for injury to or
5-13 destruction of property.
5-14 SECTION 4. Section 101.027(c), Civil Practice and Remedies
5-15 Code, is amended to read as follows:
5-16 (c) A governmental unit <This state or a political
5-17 subdivision of the state> may not require an employee to purchase
5-18 liability insurance as a condition of employment if the
5-19 governmental unit <state or the political subdivision> is insured
5-20 by a liability insurance policy.
5-21 SECTION 5. Section 101.052, Civil Practice and Remedies
5-22 Code, is amended to read as follows:
5-23 Sec. 101.052. LEGISLATIVE. This chapter does not apply to a
5-24 claim based on <an act or omission of the legislature or a member
5-25 of the legislature acting in his official capacity or to> the
5-26 legislative functions of a governmental unit.
5-27 SECTION 6. Section 101.102(c), Civil Practice and Remedies
6-1 Code, is amended to read as follows:
6-2 (c) In a suit under this chapter <against the state,
6-3 citation must be served on the secretary of state. In other
6-4 suits>, citation must be served as in other civil cases unless no
6-5 method of service is provided by law, in which case service may be
6-6 on the administrative head of the governmental unit being sued. If
6-7 the administrative head of the governmental unit is not available,
6-8 the court in which the suit is pending may authorize service in any
6-9 manner that affords the governmental unit a fair opportunity to
6-10 answer and defend the suit.
6-11 SECTION 7. Section 101.103, Civil Practice and Remedies
6-12 Code, is amended to read as follows:
6-13 Sec. 101.103. LEGAL REPRESENTATION. <(a) The attorney
6-14 general shall defend each action brought under this chapter against
6-15 a governmental unit that has authority and jurisdiction coextensive
6-16 with the geographical limits of this state. The attorney general
6-17 may be fully assisted by counsel provided by an insurance carrier.>
6-18 <(b)> A governmental unit <having an area of jurisdiction
6-19 smaller than the entire state> shall employ its own counsel
6-20 according to the organic act under which the unit operates, unless
6-21 the governmental unit has relinquished to an insurance carrier the
6-22 right to defend against the claim.
6-23 SECTION 8. Section 101.105(a), Civil Practice and Remedies
6-24 Code, is amended to read as follows:
6-25 (a) A cause of action under this chapter may be settled and
6-26 compromised by the governmental unit if<, in a case involving the
6-27 state the governor determines, or if, in other cases> the governing
7-1 body of the governmental unit determines<,> that the compromise is
7-2 in the best interests of the governmental unit.
7-3 SECTION 9. The following laws are repealed:
7-4 (1) Section 101.054, Civil Practice and Remedies Code;
7-5 (2) Section 101.109, Civil Practice and Remedies Code;
7-6 and
7-7 (3) Chapter 107, Civil Practice and Remedies Code.
7-8 SECTION 10. This Act takes effect September 1, 1995, and
7-9 applies only to a claim that accrues on or after that date. A
7-10 claim that accrued before the effective date of this Act is
7-11 governed by the law applicable to the claim immediately before the
7-12 effective date of this Act, and that law is continued in effect for
7-13 that purpose.
7-14 SECTION 11. The importance of this legislation and the
7-15 crowded condition of the calendars in both houses create an
7-16 emergency and an imperative public necessity that the
7-17 constitutional rule requiring bills to be read on three several
7-18 days in each house be suspended, and this rule is hereby suspended.