HBA-NRS C.S.H.J.R. 22 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.J.R. 22
By: Wilson
Civil Practices
4/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law establishes sovereign immunity from suit for the state and each
agency of this state. C.S.H.J.R. 22 authorizes a person to sue this state
or an agency of this state for damages for bodily injury or death sustained
as a result of the Texas A&M bonfire tragedy and the Prairie View A&M van
crash tragedy in the same manner that the person is authorized to sue a
private party or entity. 

RULEMAKING AUTHORITY

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

ANALYSIS

C.S.H.J.R. 22 amends the Texas Constitution to waive and abolish the
sovereign immunity to suit and to liability of this state only to claims
for damages for bodily injury or death that were sustained as a result of
the Texas A&M bonfire tragedy that occurred on November 18, 1999, or the
Prairie View A&M van crash tragedy that occurred on February 10, 2000. The
resolution authorizes a person to sue this state or an agency of this state
for damages in the same manner that the person is authorized to sue a
private party or entity and applies without regard to whether the person's
claim is based on tort or contract principles or is established under the
common law or by statute. The resolution prohibits damages for bodily
injury or death awarded in accordance with either the Texas A&M bonfire
tragedy or the Prairie View A&M van crash tragedy from exceeding $250,000
for each individual who sustained bodily injury or death. To be valid, an
action for damages for bodily injury or death that were sustained as a
result of one of these two tragedies must be filed not later than November
6, 2002. The waiver of sovereign immunity to suit and to liability of the
state or an agency of the state for such a claim expires December 31, 2003.

FOR ELECTION

This proposed constitutional amendment shall be submitted to voters at an
election to be held November 6, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.J.R. 22 modifies the original bill by waiving sovereign immunity to
suit and to liability only relating to the Texas A&M bonfire tragedy and
the Prairie View A&M van crash tragedy, rather than waiving sovereign
immunity to suit and to liability of this state. The substitute removes the
provision authorizing the legislature to establish immunity or limit
liability of this state or waive immunity or limit liability of a specific
claim against this state. The substitute removes the provision waiving
sovereign immunity to suit and to liability of this state for a cause of
action accruing on or after November 18, 1999, and includes a limitation on
the amount of damages awarded for a claim relating to the Texas A&M bonfire
tragedy and the Prairie View A&M van crash tragedy.