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Amend CSHB 13 (Senate committee printing) by adding the
following appropriately numbered SECTIONS and renumbering the
subsequent SECTIONS accordingly:
SECTION ___. Section 101.055, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 101.055. CERTAIN GOVERNMENTAL FUNCTIONS. This chapter
does not apply to a claim arising:
(1) in connection with the assessment or collection of
taxes by a governmental unit;
(2) from the action of an employee while responding to
an emergency call or reacting to an emergency situation if the
action is in compliance with the laws and ordinances applicable to
emergency action, or in the absence of such a law or ordinance, if
the action is not taken with conscious indifference or reckless
disregard for the safety of others; [or]
(3) from the failure to provide or the method of
providing police or fire protection; or
(4) from the action of a peace officer, if:
(A) the peace officer is a:
(i) sheriff or sheriff's deputy; or
(ii) municipal police officer;
(iii) constables or deputy constables;
(B) the officer is engaged in the pursuit of a
motor vehicle and the action is not taken with conscious
indifference or reckless disregard for the safety of others; and
(C) the action occurs while the peace officer is
operating a vehicle appropriately marked as an official police
vehicle.
SECTION ___. Section 101.055, Civil Practice and Remedies
Code, as amended by this Act, applies only to a cause of action
commenced on or after the effective date of this Act. A cause of
action commenced before the effective date of this Act is governed
by the law that existed immediately before the effective date of
this Act, and that law is continued in effect for that purpose.