| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to governmental liability. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 101.021, Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
Sec. 101.021. GOVERNMENTAL LIABILITY. 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 or the operation or use of a motor-driven |
|
|
vehicle or motor-driven equipment furnishes the condition that |
|
|
makes the property damage, personal injury, or death possible; 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. |
|
|
SECTION 2. The change in law made by 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 that |
|
|
date, 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, 2007. |