By Merritt H.B. No. 2035
75R2292 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to liability of employees of certain teen court programs.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 84.003, Civil Practice and Remedies Code,
1-5 is amended by adding Subdivision (5) to read as follows:
1-6 (5) "Teen court program" means a teen court program
1-7 that is:
1-8 (A) approved by a court under Article 45.55,
1-9 Code of Criminal Procedure, or Section 54.032, Family Code; and
1-10 (B) operated by a charitable organization.
1-11 SECTION 2. Section 84.005, Civil Practice and Remedies Code,
1-12 is amended to read as follows:
1-13 Sec. 84.005. EMPLOYEE LIABILITY. (a) Except as provided in
1-14 Section 84.007 of this Act, in any civil action brought against an
1-15 employee of a nonhospital charitable organization for damages based
1-16 on an act or omission by the person in the course and scope of the
1-17 person's employment, the liability of the employee is limited to
1-18 money damages in a maximum amount of $500,000 for each person and
1-19 $1,000,000 for each single occurrence of bodily injury or death and
1-20 $100,000 for each single occurrence for injury to or destruction of
1-21 property.
1-22 (b) Except as provided in Section 84.007 of this Act, an
1-23 employee of a charitable organization that operates a teen court
1-24 program is immune from civil liability for any act or omission
2-1 resulting in death, damage, or injury to a participant in a teen
2-2 court program if the employee was acting within the course and
2-3 scope of the person's employment.
2-4 SECTION 3. Section 84.007(g), Civil Practice and Remedies
2-5 Code, is amended to read as follows:
2-6 (g) Sections 84.005(a) [84.005] and 84.006 of this Act do
2-7 not apply to any charitable organization that does not have
2-8 liability insurance coverage in effect on any act or omission to
2-9 which this chapter applies. The coverage shall apply to the acts
2-10 or omissions of the organization and its employees and volunteers
2-11 and be in the amount of at least $500,000 for each person and
2-12 $1,000,000 for each single occurrence for death or bodily injury
2-13 and $100,000 for each single occurrence for injury to or
2-14 destruction of property. The coverage may be provided under a
2-15 contract of insurance or other plan of insurance authorized by
2-16 statute. Nothing in this chapter shall limit liability of any
2-17 insurer or insurance plan in an action under Chapter 21, Insurance
2-18 Code, or in an action for bad faith conduct, breach of fiduciary
2-19 duty, or negligent failure to settle a claim.
2-20 SECTION 4. This Act takes effect September 1, 1997, and
2-21 applies only to a cause of action that accrues on or after that
2-22 date. A cause of action that accrues before the effective date of
2-23 this Act is governed by the law applicable to the cause of action
2-24 immediately before the effective date of this Act and that law is
2-25 continued in effect for that purpose.
2-26 SECTION 5. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.