S.B. 724 78(R)    BILL ANALYSIS


S.B. 724
By: Williams
Civil Practices
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, under the Texas Torts Claims Act, the governor must approve any
settlement between a state agency and a claimant.  As a result, as much as
twelve weeks may be added to the process. As proposed, SB 724  authorizes
the Texas Department of Transportation (TxDOT) to settle claims under
$10,000 without the approval of the governor.  This bill allows TxDOT to
settle smaller claims alleging that TxDOT equipment or vehicles injured
someone or damaged someone's property without having to wait for the
governor's approval. 

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

SB 724 amends Section 201.106, Transportation Code, as follows:

Sec.  201.106.  New heading:  SETTLEMENT OF CLAIMS; PURCHASE OF LIABILITY
INSURANCE.  (a)  Provides that this section applies to a claim against the
Texas Department of Transportation (TxDOT) arising from the use,
operation, or maintenance of equipment that is used or may be used in
connection with the laying out, construction, or maintenance of the roads,
highways, rest areas, or other public grounds in this state. 

(b)  Authorizes TxDOT to settle a claim described by Subsection (a) if the
department's liability under the terms of the settlement is less than
$10,000 and the director determines it is in the best interest of the
department. 
 
(c)  Provides that Section 101.105 (Settlement), Civil Practice and
Remedies Code, does not apply to a settlement under this section. 

(d)  Provides that settlement of a claim under this section bars any
action involving the same subject matter by the claimant against TxDOT
employees whose act or omission gave rise to the claim. 

(e)  Authorizes TxDOT to insure the officers and employees of TxDOT for
liability arising from a claim described by Subsection (a).  
 
    Redesignates Subsections (c)-(d) as (f)-(g).


EFFECTIVE DATE

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