SRC-MWN S.J.R. 31 77(R)   BILL ANALYSIS


Senate Research Center   S.J.R. 31
77R5961 DAK-DBy: Lucio
Education
4/23/2001
As Filed


DIGEST AND PURPOSE 

Currently, the families and victims of the Texas A&M bonfire tragedy are
precluded, due to  provisions in the Texas Constitution, from seeking legal
action against the university or the university system. As proposed, S.J.R.
31 proposes a constitutional amendment to the Texas Constitution adding a
temporary provision to allow a person who would have been entitled to bring
action for damages for bodily injury or death sustained as a result of the
Texas A&M bonfire tragedy to bring action against the state or unit of
state government in the same manner that the person may bring an action
against a private person. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. TEMPORARY PROVISION; TEXAS A&M BONFIRE TRAGEDY. (a) Authorizes
any person who would have been entitled to bring an action for damages for
bodily injury or death sustained as a result of the Texas A&M bonfire
tragedy that occurred on November 18, 1999, except for the doctrine of
sovereign immunity from suit as it existed before enactment of this
amendment, to bring the action, without regard to the doctrine, against the
state or a unit of state government in the same manner that the person is
authorized to bring an action against a private person. Provides that
subject to Subsection (b) of this section and to the limits of liability
the legislature has enacted for tort suits against the state or a unit of
state government, the state or a unit of state government is liable for
damages in the same manner that a private person is liable.  

(b) Requires the action described by Subsection (a) of this section to be
filed not later than November 18, 2002.  

 (c) Provides that this section expires December 31, 2007.

SECTION 2. Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 6, 2001. Requires the
ballot to be printed to permit voting for or against the proposition: "The
constitutional amendment waiving sovereign immunity for damages for bodily
injury and death sustained as a result of the Texas A&M bonfire tragedy."