77R13177 DLF-D                          
         By Wilson                                             H.J.R. No. 22
         Substitute the following for H.J.R. No. 22:
         By Bosse                                          C.S.H.J.R. No. 22
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment relating to certain claims
 1-2     against the state and agencies of the state.
 1-3           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Article XVI, Texas Constitution, is amended by
 1-5     adding Section 72 to read as follows:
 1-6           Sec. 72.  TEMPORARY PROVISION; SOVEREIGN IMMUNITY ABOLISHED
 1-7     FOR CERTAIN CLAIMS; TEXAS A&M BONFIRE TRAGEDY; PRAIRIE VIEW A&M VAN
 1-8     CRASH TRAGEDY. (a)  This section applies only to claims for damages
 1-9     for bodily injury or death that were sustained as a result of:
1-10                 (1)  the Texas A&M bonfire tragedy that occurred on
1-11     November 18, 1999; or
1-12                 (2)  the Prairie View A&M van crash tragedy that
1-13     occurred on February 10, 2000.
1-14           (b)  The sovereign immunity to suit and to liability of this
1-15     state is waived and abolished only to the extent provided by this
1-16     section. A person may sue this state or an agency of this state for
1-17     damages as authorized under this section in the same manner that
1-18     the person may sue a private person or entity.  This section
1-19     applies without regard to whether the person's claim is based on
1-20     tort or contract principles or is established under the common law
1-21     or by statute.
1-22           (c)  Damages for bodily injury or death awarded in accordance
 2-1     with this section may not exceed $250,000 for each individual who
 2-2     sustained bodily injury or death.
 2-3           (d)  To be valid, an action brought under this section must
 2-4     be filed not later than November 6, 2002.
 2-5           (e)  This section expires December 31, 2003.
 2-6           SECTION 2. This proposed constitutional amendment shall be
 2-7     submitted to the voters at an election to be held November 6, 2001.
 2-8     The ballot shall be printed to permit voting for or against the
 2-9     proposition: "The constitutional amendment to abolish and waive
2-10     sovereign immunity to suit and to liability for bodily injury or
2-11     death sustained in the Texas A&M Bonfire Tragedy and the Prairie
2-12     View A&M Van Crash Tragedy."