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 ************************************************************************** * No fiscal implication to the State is anticipated. * ************************************************************************** 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