|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the liability and indemnification of directors of soil |
|
and water conservation districts. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 104, Civil Practice and Remedies Code, |
|
is amended by adding Section 104.0021 to read as follows: |
|
Sec. 104.0021. STATE LIABILITY: SOIL AND WATER CONSERVATION |
|
DISTRICTS. (a) In a cause of action based on conduct described by |
|
Section 104.002(a), the State Soil and Water Conservation Board |
|
shall indemnify a director of a soil and water conservation |
|
district for actual damages, court costs, and attorney's fees |
|
adjudged against the director without regard to whether the |
|
director performed the director's services for compensation. |
|
(b) For the purposes of Section 104.002(a), an act or |
|
omission by a director of a soil and water conservation district in |
|
the course and scope of the person's position as a director of the |
|
district is considered an act or omission by the director in the |
|
course and scope of the person's office, employment, or contractual |
|
performance for or service on behalf of the State Soil and Water |
|
Conservation Board. |
|
(c) In addition to liability for indemnification under |
|
Subsection (a), the State Soil and Water Conservation Board shall |
|
indemnify a director of a soil and water conservation district as |
|
provided by Section 104.0035. For the purposes of that section, the |
|
director of the district is considered a person covered by Section |
|
104.001. |
|
(d) The attorney general shall defend a director of a soil |
|
and water conservation district in a cause of action covered by this |
|
section. Sections 104.004(b) and (c) apply to representation by |
|
the attorney general under this subsection. |
|
SECTION 2. Section 108.001(1), Civil Practice and Remedies |
|
Code, is amended to read as follows: |
|
(1) "Public servant" means a person who is: |
|
(A) a public official elected or appointed to |
|
serve a governmental unit and acting in that capacity when the act |
|
or omission on which the damages were based occurred; or |
|
(B) covered by Section 104.001, 104.0021, or |
|
[Section] 102.001. |
|
SECTION 3. 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 the |
|
effective date of this Act, and that law is continued in effect for |
|
that purpose. |
|
SECTION 4. This Act takes effect September 1, 2007. |