78R6626 AJA-F
By: Allen 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 or
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.