By:  Hinojosa                                                     S.B. No. 442


A BILL TO BE ENTITLED

AN ACT

relating to immunity from liability for certain civil actions and 
civil actions against sales agents.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 466, Government Code, is 
amended by adding Section 466.161 to read as follows:
	Sec. 466.161.  IMMUNITY; CIVIL ACTIONS. (a)  A sales agent 
acting in good faith is immune from civil liability for an act or 
omission within the course and scope of the agent's license under 
this chapter.
	(b)  This section does not waive any immunity of the 
commission or this state.
	(c)  This section does not create a cause of action against 
this state, the commission, a commission employee, or a sales 
agent.
	(d)  The immunity provided by Subsection (a) does not apply 
to a cause of action for personal injury or wrongful death.
	SECTION 2.  Section 466.161, Government Code, as added by 
this Act, applies only to a civil action filed on or after the 
effective date of this Act. A civil action filed before the 
effective date of this Act is governed by the law in effect 
immediately before the effective date of this Act, 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, 2005.