C.S.H.B. 1297 78(R)    BILL ANALYSIS


C.S.H.B. 1297
By: Allen
Civil Practices
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law establishes state liability for indemnification of officers
and employees acting in the course and scope of employment, except in
circumstances of egregious conduct. 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." The term "occurrence" is not
defined, which may lead to situations where, for example, a confluence of
negligent acts leads to a set of injuries and an argument that more than
one occurrence took place. CSHB 1297 provides a revised definition of
"occurrence" to clarify that a single occurrence can include multiple acts
of negligence or occurrences of damages arising out of a single incident. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

CSHB 1297 amends 104.003(a), Civil Practice and Remedies Code, by adding
the word "each" to modify "single person" and "single occurrence", and
adds a new Subsection (d) to define "occurrence" as "a distinct event.
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."  

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
is effective September 1, 2003. 

COMPARISON OF SUBSTITUTE TO ORIGINAL

The substitute modifies the original by altering the definition of
occurrence in 104.003 (d) from a "distinct event or the continuous or
repeated exposure to the same conditions" to "a distinct event. 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."