78R8058 AJA-D


By:  Allen                                                        H.B. No. 1297

Substitute the following for H.B. No. 1297:                                   

By:  Gattis                                                   C.S.H.B. No. 1297



A BILL TO BE ENTITLED

AN ACT

relating to limits on indemnification of state employees and 
officials.     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 104.003, Civil Practice and Remedies 
Code, is amended by amending Subsection (a) and adding Subsection 
(d) to read as follows:
	(a)  Except as provided by Subsection (c) or a specific 
appropriation, state liability for indemnification under this 
chapter may not exceed:
		(1)  $100,000 to each [a single] person and $300,000 
for each [a] single occurrence in the case of personal injury, 
death, or deprivation of a right, privilege, or immunity;  and
		(2)  $10,000 for each [a] single occurrence of damage 
to property.
	(d)  In this section, "occurrence" means 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.
	SECTION 2.  The change in law made by this Act applies only 
to indemnification in connection with a cause of action that 
accrues on or after the effective date of this Act.  Indemnification 
in connection with a cause of action that accrues before the 
effective date of this Act is governed by the law in effect 
immediately before that date, and that law is continued in effect 
for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.