1-1 AN ACT
1-2 relating to indemnification by the state of a chaplain or spiritual
1-3 advisor under contract with certain state agencies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 104.001, Civil Practice and Remedies Code,
1-6 is amended to read as follows:
1-7 Sec. 104.001. STATE LIABILITY; PERSONS COVERED. In a cause
1-8 of action based on conduct described in Section 104.002, the state
1-9 shall indemnify the following persons, without regard to whether
1-10 the persons performed their services for compensation, for actual
1-11 damages, court costs, and attorney's fees adjudged against:
1-12 (1) an employee, a member of the governing board, or
1-13 any other officer of a state agency, institution, or department;
1-14 (2) a former employee, former member of the governing
1-15 board, or any other former officer of a state agency, institution,
1-16 or department who was an employee or officer when the act or
1-17 omission on which the damages are based occurred;
1-18 (3) a physician or psychiatrist licensed in this state
1-19 who was performing services under a contract with any state agency,
1-20 institution, or department or a racing official performing services
1-21 under a contract with the Texas Racing Commission when the act or
1-22 omission on which the damages are based occurred;
1-23 (4) a chaplain or spiritual advisor who was performing
1-24 services under contract with the Texas Department of Criminal
2-1 Justice, the Texas Youth Commission, or the Texas Juvenile
2-2 Probation Commission when the act or omission on which the damages
2-3 are based occurred;
2-4 (5) a person serving on the governing board of a
2-5 foundation, corporation, or association at the request and on
2-6 behalf of an institution of higher education, as that term is
2-7 defined by Section 61.003(8), Education Code, not including a
2-8 public junior college;
2-9 (6) [(5)] a state contractor who signed a waste
2-10 manifest as required by a state contract; or
2-11 (7) [(6)] the estate of a person listed in this
2-12 section.
2-13 SECTION 2. The change in law made by this Act applies only to
2-14 a cause of action that accrues on or after the effective date of
2-15 this Act. A cause of action that accrues before the effective date
2-16 of this Act is governed by the law applicable to the cause of
2-17 action immediately before the effective date of this Act, and that
2-18 law is continued in effect for that purpose.
2-19 SECTION 3. This Act takes effect immediately if it receives
2-20 a vote of two-thirds of all the members elected to each house, as
2-21 provided by Section 39, Article III, Texas Constitution. If this
2-22 Act does not receive the vote necessary for immediate effect, this
2-23 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2179 was passed by the House on April
25, 2001, by the following vote: Yeas 146, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2179 was passed by the Senate on May
23, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor