This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                

2003S0330-1 02/19/03

By:  Harper-Brown                                                 H.B. No. 2501


A BILL TO BE ENTITLED

AN ACT

relating to the settlement of certain claims against the Texas 
Department of Transportation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 201.106, Transportation Code, is amended 
to read as follows:
	Sec. 201.106.  SETTLEMENT OF CLAIMS; PURCHASE OF LIABILITY 
INSURANCE.  (a)  This section applies to a claim against [The 
commission may insure the officers and employees of] the department 
[from liability] 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)  The department may settle a claim described by 
Subsection (a) if:
		(1)  the department may be liable under Chapter 101, 
Civil Practice and Remedies Code;
		(2)  the director determines that a settlement is in 
the best interest of the department; and
		(3)  the department's liability under the terms of the 
settlement is less than $10,000.
	(c)  Section 101.105, Civil Practice and Remedies Code, does 
not apply to a settlement under this section.
	(d)  Settlement of a claim under this section bars any action 
involving the same subject matter by the claimant against the 
department employees whose act or omission gave rise to the claim.
	(e)  The department may insure the officers and employees of 
the department for liability arising from a claim described by 
Subsection (a).  Coverage under this subsection [section] must be 
provided by the purchase of a policy of liability insurance from a 
reliable insurance company authorized to do business in this state.  
The form of the policy must be approved by the commissioner of 
insurance, and the coverage must be approved by the attorney 
general.
	(f) [(c)]  This section is not a waiver of immunity of the 
state from liability for the torts or negligence of an officer or 
employee of this state.
	(g) [(d)]  In this section, "equipment" includes an 
automobile, motor truck, trailer, aircraft, motor grader, roller, 
tractor, tractor power mower, and other power equipment.
	SECTION 2.  (a)  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.
	(b)  This Act applies only to a cause of action that accrues 
on or after the effective date of this Act.  A cause of action that 
accrues before the effective date of this Act is governed by the law 
in effect immediately before the effective date of this Act, and the 
former law is continued in effect for that purpose.