By Barrientos S.B. No. 625 76R4552 CAG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the indemnification of certain personnel of certain 1-3 institutions of higher education for admissions activities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 104, Civil Practice and Remedies Code, is 1-6 amended by adding Section 104.010 to read as follows: 1-7 Sec. 104.010. INDEMNIFICATION OF HIGHER EDUCATION ADMISSIONS 1-8 PERSONNEL. (a) In a cause of action against a person acting in an 1-9 official capacity on behalf of a general academic teaching 1-10 institution or a medical and dental unit based on conduct of the 1-11 person in making a decision on admission of an individual to the 1-12 institution or unit, the state shall indemnify the person for 1-13 actual damages, court costs, and attorney's fees adjudged against 1-14 the person. The state's limits on recoverable damages described by 1-15 Section 104.003 apply to this section and the state's liability for 1-16 indemnification may not exceed the amount of damages described by 1-17 that section. 1-18 (b) The state is liable for indemnification under this 1-19 section only if the damages are based on an act or omission that 1-20 the person committed in the course and scope of the person's duties 1-21 in making a decision on the admission of an individual to the 1-22 institution or unit and: 1-23 (1) the damages arise out of a cause of action for 1-24 negligence, except a wilful or wrongful act or an act of gross 2-1 negligence; 2-2 (2) the damages arise out of a cause of action for 2-3 deprivation of a right, privilege, or immunity secured by the 2-4 constitution or laws of this state or the United States except when 2-5 a court in its judgment or a jury in its verdict finds that the 2-6 person acted in bad faith, with conscious indifference, or with 2-7 reckless disregard; or 2-8 (3) indemnification is in the interest of the state as 2-9 determined by the attorney general or the attorney general's 2-10 designee. 2-11 (c) This section applies to any person acting on behalf of a 2-12 general academic teaching institution or medical and dental unit in 2-13 an official capacity, including an employee or a volunteer. 2-14 (d) In this section, "general academic teaching institution" 2-15 and "medical and dental unit" have the meanings assigned by Section 2-16 61.003, Education Code. 2-17 SECTION 2. This Act applies to any damages, court costs, or 2-18 attorney's fees adjudged against a person on or after the effective 2-19 date of this Act based on the conduct of the person in making a 2-20 decision on admission of an individual to a general academic 2-21 teaching institution or a medical and dental unit, regardless of 2-22 when the conduct occurred. 2-23 SECTION 3. 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, 3-1 and that this Act take effect and be in force from and after its 3-2 passage, and it is so enacted.