HBA-CMT H.B. 254 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 254
By: Longoria
Civil Practices
3/6/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, no statute specifically addresses violations of a person's
rights, as protected by Article I of the Texas Constitution, by a
governmental unit or an employee of the governmental unit, acting in an
official capacity.  When such a violation occurs, there are no established
procedures available for seeking legal resolution.  House Bill 254
establishes governmental liability for such violations and the procedures
to be followed to obtain a legal resolution.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 254 amends the Civil Practice and Remedies Code to add a chapter
relating to governmental liability for certain violations of the Texas
Constitution.  H.B. 254 provides that a governmental unit is liable for
compensatory damages if the governmental unit or an employee of the
governmental unit acting in official capacity knowingly by act or omission
violates the rights of a person under Article I of the Texas Constitution
(Bill of Rights), and the violation resulted in property damage, personal
injury, or death.  The bill requires an action to be brought by or on
behalf of the person who suffered the property damage or personal injury.
In the case of a violation resulting in death, the bill requires the action
to be brought in accordance with specified provisions in the Civil Practice
and Remedies Code.  The bill prohibits recovery of exemplary damages in any
of the above actions.  The bill waives and abolishes sovereign immunity to
the extent liability is created under the chapter.  The bill authorizes
governmental units to purchase insurance policies protecting the unit from
claims brought under the chapter and relinquish to an insurer the right to
investigate, defend, compromise, and settle claims.  The bill does not
apply to a claim based on an action of the legislature, member of the
legislature, a state court, or member of the state court acting in official
capacity and does not apply to a claim based on the legislative or judicial
functions of a governmental unit. 

H.B. 254 sets forth notice, jurisdictional, and procedural requirements for
filing a suit under the chapter. In a suit against the state, the bill
requires that citation be served on the secretary of state.  The bill
requires the attorney general to defend each action brought against a
governmental unit that has authority and jurisdiction coextensive with the
geographical limits of the state.  If the jurisdiction of the governmental
unit is smaller than the entire state the unit is required to employ its
own counsel.  H.B. 254 authorizes a cause of action to be settled and
compromised by the governmental unit if, in a case involving the state, the
governor determines that the compromise is in the best interests of the
governmental unit, or in other cases, the governing body of the
governmental unit determines that the compromise is in the best interests
of the governmental unit. 

H.B. 254 sets forth provisions relating to the payment and collection of
judgments, including the  
authorization of a governmental unit to levy ad valorem taxes for the
payment of the judgement. 


 EFFECTIVE DATE

September 1, 2001.