By Keffer                                             H.B. No. 2733
         76R8071 AJA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to liability of certain private entities that contract
 1-3     with a public entity to provide transportation services.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 101.001(3), Civil Practice and Remedies
 1-6     Code, is amended to read as follows:
 1-7                 (3)  "Governmental unit" means:
 1-8                       (A)  this state and all the several agencies of
 1-9     government that collectively constitute the government of this
1-10     state, including other agencies bearing different designations, and
1-11     all departments, bureaus, boards, commissions, offices, agencies,
1-12     councils, and courts;
1-13                       (B)  a political subdivision of this state,
1-14     including any city, county, school district, junior college
1-15     district, levee improvement district, drainage district, irrigation
1-16     district, water improvement district, water control and improvement
1-17     district, water control and preservation district, freshwater
1-18     supply district, navigation district, conservation and reclamation
1-19     district, soil conservation district, communication district,
1-20     public health district, public transportation entity operating
1-21     under Subtitle K, Title 6, Transportation Code, and river
1-22     authority;
1-23                       (C)  an emergency service organization; and
1-24                       (D)  any other institution, agency, or organ of
 2-1     government the status and authority of which are derived from the
 2-2     Constitution of Texas or from laws passed by the legislature under
 2-3     the constitution.
 2-4           SECTION 2.  Section 101.023, Civil Practice and Remedies
 2-5     Code, is amended by adding Subsection (e) to read as follows:
 2-6           (e)  Liability of a private entity, including a faith-based
 2-7     or charitable organization, that provides transportation services
 2-8     under a contract with a public transportation entity operating
 2-9     under Subtitle K, Title 6, Transportation Code, is limited to money
2-10     damages in a maximum amount of $100,000 for each person and
2-11     $300,000 for each single occurrence for bodily injury or death and
2-12     $100,000 for each single occurrence for injury to or destruction of
2-13     property.
2-14           SECTION 3.  Section 451.069, Transportation Code, is amended
2-15     to read as follows:
2-16           Sec. 451.069.  CONTRACTUAL POWERS DO NOT CREATE IMMUNITY.
2-17     (a)  Sections 451.055, 451.057, and 451.060 do not create or confer
2-18     any governmental immunity or limitation of liability on any entity
2-19     other than an authority.
2-20           (b)  Notwithstanding Subsection (a), the liability of a
2-21     private entity that provides transportation services under a
2-22     contract with an authority  is limited as provided by Section
2-23     101.023(e), Civil Practice and Remedies Code.
2-24           SECTION 4.  Section 453.109, Transportation Code, is amended
2-25     by adding Subsection (c) to read as follows:
2-26           (c)  Notwithstanding Subsection (b), the liability of a
2-27     private entity that provides transportation services under a
 3-1     contract with a transit  department is limited as provided by
 3-2     Section 101.023(e), Civil Practice and Remedies Code.
 3-3           SECTION 5.  Section 457.108, Transportation Code, is amended
 3-4     by adding Subsection (c) to read as follows:
 3-5           (c)  Notwithstanding Subsection (b), the liability of a
 3-6     private entity that provides transportation services under a
 3-7     contract with an authority is limited as provided by Section
 3-8     101.023(e), Civil Practice and Remedies Code.
 3-9           SECTION 6.  This Act takes effect September 1, 1999, and
3-10     applies only to a cause of action that accrues on or after that
3-11     date.  A cause of action that accrues before the effective date of
3-12     this Act is governed by the law in effect immediately before that
3-13     date, and that law is continued in effect for that purpose.
3-14           SECTION 7.  The importance of this legislation and the
3-15     crowded condition of the calendars in both houses create an
3-16     emergency and an imperative public necessity that the
3-17     constitutional rule requiring bills to be read on three several
3-18     days in each house be suspended, and this rule is hereby suspended.