By:  Allen (Senate Sponsor - Armbrister)                          H.B. No. 1297
	(In the Senate - Received from the House May 1, 2003; 
May 6, 2003, read first time and referred to Committee on State 
Affairs; May 24, 2003, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 6, Nays 0; 
May 24, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 1297                                   By:  Armbrister


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 Subsections (a) and (c) 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 a single person indemnified and, if 
more than one person is indemnified, $300,000 for 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.
	(c)  The limits on state liability provided by Subsection (a) 
do not apply if[:
		[(1)]  the state liability is based on Section 
104.002(b)[; or
		[(2)  the person for whose acts the state is liable 
under this chapter is a member of the Texas Board of Criminal 
Justice].
	(d)  For the purposes of this section, a claim arises out of a 
single occurrence, if the claim arises from a common nucleus of 
operative facts, regardless of the number of claimants or the 
number of separate acts or omissions.
	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.



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