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."