By Hochberg, Crabb                                    H.B. No. 2179
         77R6668 SGA-D                           
                                A BILL TO BE ENTITLED
 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.