HBA-EVB H.B. 3834 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3834 By: Gray Civil Practices 4/24/1999 Introduced BACKGROUND AND PURPOSE Currently, a conflict exists between state and federal law regarding the classification of juvenile board members and employees in some matters of civil liability. Federal law designates juvenile board employees as county employees and thus the responsibility of the county for purposes of liability, indemnification, and defense. However, state law designates these same employees as employees of the state, for all civil liability except for liability in the state labor code (employment discrimination). H.B. 3834 eliminates this discrepancy and designates juvenile board employees, in Galveston County, as state employees, and thus, the responsibility of the state for liability, indemnification, and defense in all matters of civil liability, including employment discrimination. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 152, Human Resources Code, by adding Section 152.0904, as follows: Sec. 152.0904. LIABILITY; INDEMNIFICATION AND DEFENSE BY STATE. (a) Provides that a member of the juvenile board of Galveston County is a member of a governing board of a state agency for the purposes of Chapter 104 (State Liability for Conduct of Public Servants), Civil Practice and Remedies Code; a complaint or civil action brought in accordance with Chapter 21 (Employment Discrimination), Labor Code; or a complaint or civil action filed to enforce a right guaranteed by the United States Constitution or federal law. (b) Provides that an employee of the juvenile board of Galveston County is a state employee for the purposes of a complaint or civil action brought in accordance with Chapter 21, Labor Code; or a complaint or civil action filed to enforce a right guaranteed by the United States Constitution or federal law. SECTION 2. Makes application of Section 152.0904, Human Resources Code, as added by this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.