SRC-JEC H.B. 1297 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1297
78R8058 AJA-DBy: Allen (Armbrister)
State Affairs
5/21/2003
Engrossed


DIGEST AND PURPOSE 

Current law establishes state liability for indemnification of officers
and employees acting in the course and scope of employment.  Limits on
indemnification for personal injuries and violations of rights are set at
"$100,000 to a single person and $300,000 for a single occurrence,"
however, "occurrence" is not defined.  H.B. 1297 defines "occurrence" and
clarifies provisions relating to state liability for indemnification of
state employees and officials. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 104.003, Civil Practice and Remedies Code, by
amending Subsection (a) and adding Subsection (d), as follows: 

(a)  Prohibits state liability for indemnification under this chapter,
except as provided by Subsection (c) or a specific appropriation, from
exceeding $100,000 to each, rather than a single, person and $300,000 for
each, rather than a, single occurrence in the case of personal injury,
death, or deprivation of a right, privilege, or immunity,  and $10,000 for
each, rather than a, single occurrence of damage to property. 

(d)  Provides that, in this section, "occurrence" means a distinct event.
Provides that multiple acts of negligence or separate occurrences of
damages constitute a single occurrence if they result in or arise from the
continuous or repeated exposure to the same conditions. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  upon passage or September 1, 2003.