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.