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.