1-1 By: Hochberg, Crabb, Clark H.B. No. 2179
1-2 (Senate Sponsor - Armbrister)
1-3 (In the Senate - Received from the House April 26, 2001;
1-4 April 27, 2001, read first time and referred to Committee on
1-5 Criminal Justice; May 10, 2001, reported favorably by the following
1-6 vote: Yeas 6, Nays 0; May 10, 2001, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to indemnification by the state of a chaplain or spiritual
1-10 advisor under contract with certain state agencies.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 104.001, Civil Practice and Remedies Code,
1-13 is amended to read as follows:
1-14 Sec. 104.001. STATE LIABILITY; PERSONS COVERED. In a cause
1-15 of action based on conduct described in Section 104.002, the state
1-16 shall indemnify the following persons, without regard to whether
1-17 the persons performed their services for compensation, for actual
1-18 damages, court costs, and attorney's fees adjudged against:
1-19 (1) an employee, a member of the governing board, or
1-20 any other officer of a state agency, institution, or department;
1-21 (2) a former employee, former member of the governing
1-22 board, or any other former officer of a state agency, institution,
1-23 or department who was an employee or officer when the act or
1-24 omission on which the damages are based occurred;
1-25 (3) a physician or psychiatrist licensed in this state
1-26 who was performing services under a contract with any state agency,
1-27 institution, or department or a racing official performing services
1-28 under a contract with the Texas Racing Commission when the act or
1-29 omission on which the damages are based occurred;
1-30 (4) a chaplain or spiritual advisor who was performing
1-31 services under contract with the Texas Department of Criminal
1-32 Justice, the Texas Youth Commission, or the Texas Juvenile
1-33 Probation Commission when the act or omission on which the damages
1-34 are based occurred;
1-35 (5) a person serving on the governing board of a
1-36 foundation, corporation, or association at the request and on
1-37 behalf of an institution of higher education, as that term is
1-38 defined by Section 61.003(8), Education Code, not including a
1-39 public junior college;
1-40 (6) [(5)] a state contractor who signed a waste
1-41 manifest as required by a state contract; or
1-42 (7) [(6)] the estate of a person listed in this
1-43 section.
1-44 SECTION 2. The change in law made by this Act applies only to
1-45 a cause of action that accrues on or after the effective date of
1-46 this Act. A cause of action that accrues before the effective date
1-47 of this Act is governed by the law applicable to the cause of
1-48 action immediately before the effective date of this Act, and that
1-49 law is continued in effect for that purpose.
1-50 SECTION 3. This Act takes effect immediately if it receives
1-51 a vote of two-thirds of all the members elected to each house, as
1-52 provided by Section 39, Article III, Texas Constitution. If this
1-53 Act does not receive the vote necessary for immediate effect, this
1-54 Act takes effect September 1, 2001.
1-55 * * * * *