LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                             January 22, 2001
  
  
          TO:  Honorable Frank Madla, Chair, Senate Committee on
               Intergovernmental Relations
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB231  by Harris (Relating to the liability of a
               governmental unit for an act or omission of an off-duty
               law enforcement officer.), As Introduced
  
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*  No fiscal implication to the State is anticipated.                    *
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Local Government Impact
  
The bill would eliminate tort liability of counties and municipalities
for an act or omission of an off-duty county or city law enforcement
officer. The bill would take effect September 1, 2001.
 
Currently, local governments are liable for negligent acts of off-duty
law enforcement officers employed by the government entity.

The City Attorney's Office in El Paso, the Cedar Park Police Chief, and
the Conference of Urban Counties were contacted for information to
develop cost estimates for the bill.

The defense costs for local governments associated with these types of
suits are an estimated minimum of $10,000 to $30,000.

Judgments against cities for actions taken by off-duty law enforcement
officers are currently capped at $500,000 per incident. Wrongful death
judgments against cities for actions taken by off-duty law enforcement
officers are capped at $250,000 per person.  The total amount that may be
awarded, regardless of number of deceased, cannot exceed $500,000.
Additionally, cities that participate in collective bargaining might have
to pay officers' legal fees associated with these suits.

Judgments against counties for actions taken by off-duty law enforcement
officers are currently capped at $300,000 per incident. Wrongful death
judgments against counties for actions taken by off-duty law enforcement
officers are capped at $100,000 per person.  The total amount that may be
awarded, regardless of number of deceased, cannot exceed $100,000.

There would be an anticipated savings to local governments for possible
judgments and associated defense fees in these types of tort suits, but
the impact would vary by locality and incident.

Similar fiscal implications would continue as long as the provisions of
the bill remain in effect.
  
  
Source Agencies:   304   Comptroller of Public Accounts
LBB Staff:         JK, DB, TB