By: Hinojosa S.B. No. 442
(In the Senate - Filed February 9, 2005; February 15, 2005,
read first time and referred to Committee on State Affairs;
April 13, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 13, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 442 By: Jackson
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.
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.
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