1-1     By:  Barrientos, Ellis                                 S.B. No. 179

 1-2           (In the Senate - Filed January 8, 1997; January 15, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     April 9, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 4, Nays 3; April 9, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 179                    By:  Ogden

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the indemnification of certain personnel of certain

1-11     institutions of higher education for admissions activities.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Chapter 104, Civil Practice and Remedies Code, is

1-14     amended by adding Section 104.009 to read as follows:

1-15           Sec. 104.009.  INDEMNIFICATION OF HIGHER EDUCATION ADMISSIONS

1-16     PERSONNEL.  (a)  In a cause of action against a person acting in an

1-17     official capacity on behalf of a general academic teaching

1-18     institution or a medical and dental unit based on conduct of the

1-19     person in making a decision on admission of an individual to the

1-20     institution or unit, the state shall indemnify the person for

1-21     actual damages, court costs, and attorney's fees adjudged against

1-22     the person.  The state's limits on recoverable damages described by

1-23     Section 104.003 apply to this section and the state's liability for

1-24     indemnification may not exceed the amount of damages described by

1-25     that section.

1-26           (b)  The state is liable for indemnification under this

1-27     section only if the damages are based on an act or omission that

1-28     the person committed in the course and scope of the person's duties

1-29     in making a decision on the admission of an individual to the

1-30     institution or unit and:

1-31                 (1)  the damages arise out of a cause of action for

1-32     negligence, except a wilful or wrongful act or an act of gross

1-33     negligence;

1-34                 (2)  the damages arise out of a cause of action for

1-35     deprivation of a right, privilege, or immunity secured by the

1-36     constitution or laws of this state or the United States except when

1-37     a court in its judgment or a jury in its verdict finds that the

1-38     person acted in bad faith, with conscious indifference, or with

1-39     reckless disregard; or

1-40                 (3)  indemnification is in the interest of the state as

1-41     determined by the attorney general or the attorney general's

1-42     designee.

1-43           (c)  This section applies to any person acting on behalf of a

1-44     general academic teaching institution or medical and dental unit in

1-45     an official capacity, including an employee or a volunteer.

1-46           (d)  In this section, "general academic teaching institution"

1-47     and "medical and dental unit" have the meanings assigned by Section

1-48     61.003, Education Code.

1-49           SECTION 2.  This Act applies to any damages, court costs, or

1-50     attorney's fees adjudged against a person on or after the effective

1-51     date of this Act based on the conduct of the person in making a

1-52     decision on admission of an individual to a general academic

1-53     teaching institution or a medical and dental unit, regardless of

1-54     when the conduct occurred.

1-55           SECTION 3.  The importance of this legislation and the

1-56     crowded condition of the calendars in both houses create an

1-57     emergency and an imperative public necessity that the

1-58     constitutional rule requiring bills to be read on three several

1-59     days in each house be suspended, and this rule is hereby suspended,

1-60     and that this Act take effect and be in force from and after its

1-61     passage, and it is so enacted.

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