By Wilson H.J.R. No. 22
77R79 DLF-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the sovereign
1-2 immunity of the state and its political subdivisions.
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. SOVEREIGN IMMUNITY ABOLISHED; POWER OF LEGISLATURE.
1-7 (a) The sovereign immunity to suit and to liability of this state
1-8 and of each political subdivision of this state is waived and
1-9 abolished.
1-10 (b) Except as provided by Subsection (c) of this section, a
1-11 person may sue this state, an agency of this state, a political
1-12 subdivision of this state, or an agency of a political subdivision
1-13 of this state for damages in the same manner that the person may
1-14 sue a private person or entity. This section applies without regard
1-15 to whether the person's claim is based on tort or contract
1-16 principles or is established under the common law or by statute.
1-17 (c) The legislature, by general law, may with respect to any
1-18 type of claim for damages:
1-19 (1) establish immunity from suit for this state or any
1-20 agency of this state; and
1-21 (2) limit the liability of this state, any agency of
1-22 this state, a political subdivision of this state, or an agency of
1-23 a political subdivision of this state.
1-24 (d) If the legislature exercises the authority granted by
2-1 Subsection (c) of this section, the legislature, by general or
2-2 special law, may establish a procedure to:
2-3 (1) waive immunity from suit with respect to a
2-4 specific claim; or
2-5 (2) waive or modify any limit on liability with
2-6 respect to a specific claim.
2-7 (e) Notice of the intention to apply for a special law in
2-8 accordance with Section 57, Article III, of this constitution is
2-9 not required for enactment of a special law under Subsection (d) of
2-10 this section.
2-11 SECTION 2. The following temporary provision is added to the
2-12 Texas Constitution:
2-13 TEMPORARY PROVISION; APPLICATION TO EXISTING CLAIMS; TEXAS
2-14 A&M BONFIRE TRAGEDY. (a) This temporary provision applies to the
2-15 constitutional amendment proposed by the 77th Legislature,
2-16 Regular Session, 2001, that abolishes and waives sovereign
2-17 immunity to suit and to liability, subject to limits imposed by the
2-18 legislature.
2-19 (b) Abolishment and waiver of sovereign immunity to suit and
2-20 to liability under the constitutional amendment applies only to a
2-21 claim with respect to a cause of action that accrues on or after
2-22 November 18, 1999, and applies specifically to the claims of any
2-23 person who, absent the doctrines of sovereign immunity from suit
2-24 and from liability as they existed before enactment of the
2-25 amendment, would have been entitled to bring an action for damages
2-26 for bodily injury or death sustained as a result of the Texas A&M
2-27 bonfire tragedy that occurred on November 18, 1999. To be valid, an
3-1 action with respect to a claim that accrued before November 6,
3-2 2001, must be filed not later than November 6, 2002.
3-3 (c) This section expires December 31, 2003.
3-4 SECTION 3. This proposed constitutional amendment shall be
3-5 submitted to the voters at an election to be held November 6, 2001.
3-6 The ballot shall be printed to permit voting for or against the
3-7 proposition: "The constitutional amendment to abolish and waive
3-8 sovereign immunity to suit and to liability, subject to limits
3-9 imposed by the legislature."