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.