1-1 AN ACT
1-2 relating to claims against the Texas Department of Criminal Justice
1-3 for certain conduct of state prison inmates.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 101.029, Civil Practice and Remedies
1-6 Code, is amended to read as follows:
1-7 Sec. 101.029. LIABILITY FOR CERTAIN CONDUCT OF STATE PRISON
1-8 INMATES. (a) The Department of Criminal Justice is liable for
1-9 property damage, personal injury, and death proximately caused by
1-10 the wrongful act or omission or the negligence of an inmate or
1-11 state jail defendant housed in a facility operated by the
1-12 department if:
1-13 (1) the property damage, personal injury, or death
1-14 arises from the operation or use of a motor-driven vehicle or
1-15 motor-driven equipment;
1-16 (2) the inmate or defendant would be personally liable
1-17 to the claimant for the property damage, personal injury, or death
1-18 according to Texas law were the inmate or defendant a private
1-19 person acting in similar circumstances; and
1-20 (3) the act, omission, or negligence was committed by
1-21 the inmate or defendant acting in the course and scope of a task or
1-22 activity that:
1-23 (A) the inmate or defendant performed at the
1-24 request of an employee of the department; and
2-1 (B) the inmate or defendant performed under the
2-2 control or supervision of the department.
2-3 (b) A claimant may not name the inmate or state jail
2-4 defendant whose act or omission gave rise to the claim as a
2-5 codefendant in an action brought under this section.
2-6 (c) A judgment in an action or a settlement of a claim
2-7 against the Department of Criminal Justice under this section bars
2-8 any action involving the same subject matter by the claimant
2-9 against the inmate or state jail defendant whose act or omission
2-10 gave rise to the claim. A judgment in an action or a settlement of
2-11 a claim against an inmate or state jail defendant bars any action
2-12 involving the same subject matter by the claimant against the
2-13 Department of Criminal Justice under this section.
2-14 (d) This section does not apply to property damage, personal
2-15 injury, or death sustained by an inmate or state jail defendant.
2-16 SECTION 2. This Act takes effect September 1, 1999.
2-17 SECTION 3. This Act applies only to a cause of action that
2-18 accrues on or after the effective date of this Act. A cause of
2-19 action that accrues before the effective date of this Act is
2-20 governed by the law as it existed immediately before the effective
2-21 date of this Act, and that law is continued in effect for that
2-22 purpose.
2-23 SECTION 4. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 681 was passed by the House on April
15, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 681 was passed by the Senate on May
17, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor