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