ZEM H.B. 785 75(R)BILL ANALYSIS


CIVIL PRACTICES
H.B. 785
By: Gallego
3-18-97
Committee Report (Unamended)



BACKGROUND 

Current law mandates that a suit against a county must be brought in that
county.  However, the same protection is not specifically afforded to
cities, hospital districts, or any other political subdivisions of the
state.   Thus, some governmental entities have found themselves named as
defendants in lawsuits in parts of the state other than the county in
which they are located. 

PURPOSE

As proposed, H.B. 785 would provide that venue in a suit against any
governmental subdivision of the state would be proper only in the county
in which the governmental entity is located.  This may save governmental
entities litigation fees, travel expenses, and other costs associated with
such suits. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 15.015, Civil Practice and Remedies Code, as
follows: 

 Section 15.015. Changes heading from "Counties" to "Political
Subdivisions".   

 (a)  Provides that an action against a governmental subdivision must be
brought in the county where the governmental  subdivision is located. 

 (b)  Defines "political subdivision" as any governmental entity that is
not a state agency and including a counties, cities, school or junior
college districts, hospital districts, and any special purpose district.   

SECTION 2.  Effective Date: September 1, 1997.

SECTION 3.  Applies prospectively; savings clause.

SECTION 4.   Emergency Clause.