By Corte H.B. No. 20
75R650 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to liability of certain governmental units and the
1-3 employees of those units.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 101.106, Civil Practice and Remedies
1-6 Code, is amended to read as follows:
1-7 Sec. 101.106. ELECTION OF REMEDIES [EMPLOYEES NOT LIABLE
1-8 AFTER SETTLEMENT OR JUDGMENT]. (a) Commencement of [A judgment
1-9 in] an action or [a] settlement of a claim under this chapter bars
1-10 any action involving the same subject matter by the claimant
1-11 against the employee of the governmental unit whose act or omission
1-12 gave rise to the claim.
1-13 (b) Commencement of an action or settlement of a claim
1-14 against an employee of a governmental unit bars any action
1-15 involving the same subject matter by the claimant against the
1-16 governmental unit under this chapter.
1-17 (c) If an action is commenced against a governmental unit
1-18 and its employee and the claims against the governmental unit and
1-19 the employee involve the same subject matter, the court shall
1-20 require the claimant to take a nonsuit against either the
1-21 governmental unit or the employee, at the election of the claimant.
1-22 (d) This section applies without regard to whether the
1-23 action is dismissed or continues to final judgment.
1-24 SECTION 2. (a) This Act takes effect September 1, 1997.
2-1 (b) This Act applies only to a cause of action that, on or
2-2 after the effective date of this Act:
2-3 (1) was first commenced against either an employee of
2-4 a governmental unit or the governmental unit; or
2-5 (2) the subject matter of which was first settled
2-6 against either an employee of a governmental unit or the
2-7 governmental unit.
2-8 (c) A cause of action that was first commenced or with
2-9 respect to which the subject matter was first settled before the
2-10 effective date of this Act is governed by the law as it existed
2-11 when the cause of action was first commenced or settled, and that
2-12 law is continued in effect for that purpose.
2-13 SECTION 3. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.