SRC-JXG S.B. 1893 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1893
76R6792 DB-FBy: Jackson
Intergovernmental Relations
5/3/1999
As Filed


DIGEST 

Currently, a conflict exists in state and federal law regarding the
classification of juvenile board members and employees in matters of civil
liability. Federal law designates juvenile board employees as county
employees; however, Texas law designates these same employees as employees
of the state, for all civil liability except for liability in the state
Labor Code. S.B. 1893 would eliminate this discrepancy and designate
juvenile board employees, in Galveston County, as state employees and the
responsibility of the state for liability, indemnification, and defense in
all matters of civil liability.  

PURPOSE

As proposed, S.B. 1893 designates juvenile board employees in Galveston
County as state employees. 

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 Chapter 152D, Human Resources Code, by adding Section
152.0904, as follows: 

Sec. 152.0904. LIABILITY; INDEMNIFICATION AND DEFENSE BY STATE. Provides
that a member of the juvenile board of Galveston County is a member of a
governing board of a state agency for purposes of Chapter 104, Civil
Practice and Remedies Code; 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. Provides that an employee of the juvenile board of Galveston
County is a state employee for 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 this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.