SRC-JJJ H.B. 681 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 681
76R3940 DLF-DBy: Allen (Duncan)
Criminal Justice
5/3/1999
Engrossed


DIGEST 

Currently, the Texas Department of Criminal Justice (TDCJ) has limited
liability for auto accidents in which inmates are involved during the
course and scope of their assigned duties.  This limited liability enables
TDCJ to reimburse an individual if an inmate driver causes property damage
or injuries.  H.B. 681 would establish conditions regarding claims against
TDCJ for certain conduct of state prison inmates. 

PURPOSE

As proposed, H.B. 681 establishes conditions regarding claims against the
Texas Department of Criminal Justice for certain conduct of state prison
inmates. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 101.029, Civil Practice and Remedies Code, to
provide that the Texas Department of Criminal Justice (TDCJ) is liable for
certain occurrences caused by a wrongful act, omission, or negligence by an
inmate or state jail defendant (defendant) housed in a facility operated by
TDJC if certain conditions exist, including if the inmate or defendant
would be personally liable to the claimant for the damage, injury, or
death, if the inmate or defendant were a private person acting in similar
circumstances.  Prohibits a claimant from naming the inmate or defendant
whose act or omission gave rise to the claim as a codefendant in an action.
Provides that an judgment in an action or a settlement of a claim against
TDCJ bars any similar action involving the inmate or defendant to give rise
to a claim.    Makes conforming changes. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Emergency clause.