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.