77R13491 AJA-D                           
         By Dutton                                             H.B. No. 1119
         Substitute the following for H.B. No. 1119:
         By Dutton                                         C.S.H.B. No. 1119
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to tort liability of governmental units.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 101.023, Civil Practice and Remedies
 1-5     Code, is amended to read as follows:
 1-6           Sec. 101.023.  LIMITATION ON AMOUNT OF LIABILITY. (a)
 1-7     Liability of the state government under this chapter is limited to
 1-8     money damages in a maximum amount of $375,000 [$250,000] for each
 1-9     person and $750,000 [$500,000] for each single occurrence for
1-10     bodily injury or death and $150,000 [$100,000] for each single
1-11     occurrence for injury to or destruction of property.
1-12           (b)  Except as provided by Subsection (c) or (d), liability
1-13     of a unit of local government under this chapter is limited to
1-14     money damages in a maximum amount of $250,000 [$100,000] for each
1-15     person and $500,000 [$300,000] for each single occurrence for
1-16     bodily injury or death and $150,000 [$100,000] for each single
1-17     occurrence for injury to or destruction of property.
1-18           (c)  Liability under this chapter of a municipality with a
1-19     population of 100,000 or more [under this chapter] is limited to
1-20     money damages in a maximum amount of $375,000 [$250,000] for each
1-21     person and $750,000 [$500,000] for each single occurrence for
1-22     bodily injury or death and $150,000 [$100,000] for each single
1-23     occurrence for injury to or destruction of property.
1-24           (d)  Liability under this chapter of a municipality with a
 2-1     population of less than 100,000 is limited to money damages in a
 2-2     maximum amount of $250,000 for each person and $500,000 for each
 2-3     single occurrence for bodily injury or death and $100,000 for each
 2-4     single occurrence for injury to or destruction of property.
 2-5           (e)  Except as provided by Section 78.001, liability of an
 2-6     emergency service organization under this chapter is limited to
 2-7     money damages in a maximum amount of $100,000 for each person and
 2-8     $300,000 for each single occurrence for bodily injury or death and
 2-9     $100,000 for each single occurrence for injury to or destruction of
2-10     property.
2-11           SECTION 2.  Subchapter B, Chapter 101, Civil Practice and
2-12     Remedies Code, is amended by adding Section 101.0211 to read as
2-13     follows:
2-14           Sec. 101.0211.  NO LIABILITY FOR JOINT ENTERPRISE. The common
2-15     law doctrine of vicarious liability because of participation in a
2-16     joint enterprise does not impose liability on a governmental unit
2-17     for a claim brought under this chapter.
2-18           SECTION 3.  (a)  This Act takes effect September 1, 2001.
2-19           (b)  The change in law made by this Act applies only to a
2-20     cause of action that accrues on or after the effective date of this
2-21     Act.  A cause of action that accrues before the effective date of
2-22     this Act is governed by the law in effect immediately before the
2-23     effective date of this Act, and that law is continued in effect for
2-24     that purpose.