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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of a governmental unit for action taken by |
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a peace officer engaged in the pursuit of a motor vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101.055, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 101.055. CERTAIN GOVERNMENTAL FUNCTIONS. This |
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chapter does not apply to a claim arising: |
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(1) in connection with the assessment or collection of |
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taxes by a governmental unit; |
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(2) from the action of an employee while responding to |
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an emergency call or reacting to an emergency situation if the |
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action is in compliance with the laws and ordinances applicable to |
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emergency action, or in the absence of such a law or ordinance, if |
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the action is not taken with conscious indifference or reckless |
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disregard for the safety of others; [or] |
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(3) from the failure to provide or the method of |
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providing police or fire protection; or |
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(4) from the action of a peace officer, as defined by |
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Article 2.12, Code of Criminal Procedure, engaged in the pursuit of |
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a motor vehicle, if the action is not taken with conscious |
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indifference or reckless disregard for the safety of others. |
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SECTION 2. Section 101.055, Civil Practice and Remedies |
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Code, as amended by this Act, applies only to a cause of action |
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commenced on or after the effective date of this Act. A cause of |
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action commenced before the effective date of this Act is governed |
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by the law that existed immediately before the effective date of |
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this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |