By Pitts H.B. No. 40
76R413 AJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to limiting liability for damages arising from failure of
1-3 a computer to recognize and accurately process the date January 1,
1-4 1999, or a later date.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Title 4, Civil Practice and Remedies Code, is
1-7 amended by adding Chapter 97 to read as follows:
1-8 CHAPTER 97. LIABILITY FOR COMPUTER DATE FAILURE
1-9 Sec. 97.001. DEFINITIONS. In this chapter:
1-10 (1) "Computer" means an electronic, magnetic, optical,
1-11 electrochemical, or other high-speed data processing device that
1-12 performs logical, arithmetic, or memory functions by the
1-13 manipulations of electronic or magnetic impulses and includes all
1-14 input, output, processing, storage, or communication facilities
1-15 that are connected or related to the device.
1-16 (2) "Computer date failure" means the failure of a
1-17 computer, computer network, program, software, embedded chip, or
1-18 computer system to recognize, to not cause an error condition on,
1-19 and to accurately process the date January 1, 1999, or a later
1-20 date.
1-21 (3) "Computer network" means the interconnection of
1-22 two or more computers or computer systems by satellite, microwave,
1-23 line, cable, wiring, or other communication medium with the
1-24 capability to transmit information among the computers.
2-1 (4) "Computer program" means an ordered set of
2-2 data-coded instructions or statements that when executed by a
2-3 computer cause the computer system to process data or perform
2-4 specific functions.
2-5 (5) "Computer software" means a set of computer
2-6 programs, procedures, and associated documentation related to the
2-7 operation of a computer, computer system, or computer network.
2-8 (6) "Computer system" means any combination of a
2-9 computer or computer network with the documentation, computer
2-10 software, or physical facilities supporting the computer or
2-11 computer network.
2-12 (7) "Embedded chip" means a single or multiple
2-13 microprocessor chip that operates in conjunction with software,
2-14 including software on the chip itself, designed to control a device
2-15 or equipment in some way.
2-16 Sec. 97.002. LIMITATION OF LIABILITY. In a claim for
2-17 damages arising from a computer date failure, the claimant may
2-18 recover only:
2-19 (1) damages resulting from personal injury or wrongful
2-20 death, excluding mental anguish; and
2-21 (2) costs reasonably incurred to reprogram or replace
2-22 and internally test the relevant computer, computer network,
2-23 computer program, computer software, computer system, or internal
2-24 hardware timer.
2-25 Sec. 97.003. EFFECT ON OTHER LIABILITY. (a) This chapter:
2-26 (1) does not provide an independent basis for a claim
2-27 for computer date failure;
3-1 (2) serves only to limit the recovery of damages if
3-2 the claim is authorized by common law or other statutory law;
3-3 (3) does not relieve a party of any liability that
3-4 would otherwise exist for deliberate, wilful, or malicious injury
3-5 to a person or property;
3-6 (4) applies to a governmental unit; and
3-7 (5) does not waive sovereign immunity.
3-8 (b) To the extent that this chapter limits the liability of
3-9 a governmental unit under circumstances in which the governmental
3-10 unit would be liable under Chapter 101, this chapter controls.
3-11 SECTION 2. This Act applies only to a cause of action that
3-12 accrues on or after the effective date of this Act. An action that
3-13 accrued before the effective date of this Act is governed by the
3-14 law in effect at the time the action accrued, and that law is
3-15 continued in effect only for this purpose.
3-16 SECTION 3. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended,
3-21 and that this Act take effect and be in force from and after its
3-22 passage, and it is so enacted.