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.
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