HBA-MSH C.S.H.B. 1119 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1119
By: Dutton
Civil Practices
4/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Governmental units in Texas have sovereign immunity from suit which is
waived only  under specific conditions.  When immunity is waived, the
liability of the state government is limited to money damages in a maximum
amount of $250,000 for each person and $500,000 for each single occurrence
for bodily injury or death and $100,000 for each single occurrence for
injury to or destruction of property.  The liability of a unit of local
government, a municipality, and an emergency service organization is
limited to lesser amounts in such situations.  In some cases, the damages
awarded are insufficient.  C.S.H.B. 1119 increases the maximum damages that
may be awarded for a claim against the state government and increases the
limits for local governments and municipalities. 

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

C.S.H.B. 1119 amends the Civil Practice and Remedies Code to limit the
liability of the state government to money damages of a maximum of $375,000
rather than $250,000 for each person, $750,000 rather than $500,000 for
each single occurrence for bodily injury or death and $150,000 rather than
$100,000 for each single occurrence for injury or destruction of property.
The bill limits the liability of a unit of local government to money
damages in a maximum amount of $250,000 rather than $100,000 for each
person, $500,000 rather than $300,000 for each single occurrence of bodily
injury or death, and $150,000 rather than $100,000 for each single
occurrence for injury to or destruction to property.  The bill limits the
liability of a municipality with a population of 100,000 or more to money
damages in a maximum amount of $375,000 rather than $250,000 for each
person, $750,000 rather than $500,000 for each single occurrence of bodily
injury or death, and $150,000 rather than $100,000 for each single
occurrence for injury to or destruction to property.  The bill limits the
liability of a municipality with a population of less than 100,000 to money
damages in a maximum amount of $250,000 for each person, $500,000 for each
single occurrence of bodily injury or death, and $100,000 for each single
occurrence for injury to or destruction to property.  The bill provides
that the common law doctrine of vicarious liability because of
participation in a joint enterprise does not impose liability on a
governmental unit for a claim. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1119 differs from the original by providing that the common law
doctrine of vicarious liability because of participation in a joint
enterprise does not impose liability on a governmental unit for a claim.
Whereas the original bill limited the liability of a governmental unit
other than a volunteer fire department or volunteer fire fighter to money
damages of a maximum of $500,000 for each person, $2 million for each
single occurrence for bodily injury or death, and $500,000 for each single
occurrence for injury or destruction of property, the substitute sets
different liability limits for the state government, and local and
municipal governments.