By Lucio S.J.R. No. 31
77R5961 DAK-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment waiving sovereign immunity for
1-2 damages for bodily injury and death sustained as a result of the
1-3 Texas A&M bonfire tragedy.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The following temporary provision is added to the
1-6 Texas Constitution:
1-7 TEMPORARY PROVISION; TEXAS A&M BONFIRE TRAGEDY. (a) Any
1-8 person who would have been entitled to bring an action for damages
1-9 for bodily injury or death sustained as a result of the Texas A&M
1-10 bonfire tragedy that occurred on November 18, 1999, except for the
1-11 doctrine of sovereign immunity from suit as it existed before
1-12 enactment of this amendment, may bring the action, without regard
1-13 to the doctrine, against the state or a unit of state government in
1-14 the same manner that the person may bring an action against a
1-15 private person. Subject to Subsection (b) of this section and to
1-16 the limits of liability the legislature has enacted for tort suits
1-17 against the state or a unit of state government, the state or a
1-18 unit of state government is liable for damages in the same manner
1-19 that a private person is liable.
1-20 (b) The action described by Subsection (a) of this section
1-21 must be filed not later than November 18, 2002.
1-22 (c) This section expires December 31, 2007.
1-23 SECTION 2. This proposed constitutional amendment shall be
1-24 submitted to the voters at an election to be held November 6, 2001.
2-1 The ballot shall be printed to permit voting for or against the
2-2 proposition: "The constitutional amendment waiving sovereign
2-3 immunity for damages for bodily injury and death sustained as a
2-4 result of the Texas A&M bonfire tragedy."