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."