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.