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. 1-62 * * * * *