79R5693 MFC-D

By:  Van Arsdale                                                  H.B. No. 2588



A BILL TO BE ENTITLED

AN ACT

relating to sovereign immunity of a political subdivision.                    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 773.146, Health and Safety Code, is 
amended to read as follows:
	Sec. 773.146.  LIMITATION ON CIVIL LIABILITY.  [(a)] An 
emergency medical services operator who holds a certificate under 
Section 773.144 is not liable for damages that arise from the 
provision of medical information according to the protocol adopted 
under Section 773.145 if the information is provided in good faith.  
This subsection does not apply to an act or omission of the operator 
that constitutes gross negligence, recklessness, or intentional 
misconduct.  [This subsection does not affect any liability imposed 
on a public agency for the conduct of the emergency medical services 
operator under Section 101.062, Civil Practice and Remedies Code.
	[(b)  Section 101.062, Civil Practice and Remedies Code, 
governs the liability of a public agency the employees or 
volunteers of which provide medical information under this 
subchapter.]
	SECTION 2.  Section 101.021, Civil Practice and Remedies 
Code, is amended to read as follows:
	Sec. 101.021.  GOVERNMENTAL LIABILITY.  (a) Except as 
provided by Subsection (b), a  [A] governmental unit in the state is 
liable for:
		(1)  property damage, personal injury, and death 
proximately caused by the wrongful act or omission or the 
negligence of an employee acting within his scope of employment if:
			(A)  the property damage, personal injury, or 
death arises from the operation or use of a motor-driven vehicle or 
motor-driven equipment;  and
			(B)  the employee would be personally liable to 
the claimant according to Texas law;  and
		(2)  personal injury and death so caused by a condition 
or use of tangible personal or real property if the governmental 
unit would, were it a private person, be liable to the claimant 
according to Texas law.
	(b)  Notwithstanding any other law, sovereign immunity of a 
political subdivision described by Sections 101.001(3)(B) and (C) 
to suit and from liability is waived, and the political subdivision 
is liable to a claimant to the same extent as a private person 
according to Texas law.
	SECTION 3.  The following are repealed:                                        
		(1)  Section 101.0211, Civil Practice and Remedies 
Code;                    
		(2)  Section 101.0215, Civil Practice and Remedies 
Code;                    
		(3)  Sections 101.023(b), (c), and (d), Civil Practice 
and Remedies Code;   
		(4)  Section 101.051, Civil Practice and Remedies Code;                       
		(5)  Section 101.062, Civil Practice and Remedies Code;                       
		(6)  Section 101.063, Civil Practice and Remedies Code;                       
		(7)  Section 101.064, Civil Practice and Remedies Code;                       
		(8)  Subchapter B, Chapter 22, Education Code; and                            
		(9)  Section 105.308, Education Code.                                         
	SECTION 4.  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.
	SECTION 5.  This Act takes effect September 1, 2005.