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A BILL TO BE ENTITLED
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AN ACT
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relating to the waiver of governmental immunity |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sec. 101.021, Civil Practices and Remedies Code |
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is amended as follows: |
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Sec. 101.021. GOVERNMENTAL LIABILITY. A governmental unit |
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in the state is liable for: |
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(1) property damage, personal injury, and death |
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proximately caused by the wrongful act or omission or the |
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negligence of an employee acting within his scope of employment if: |
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(A) the property damage, personal injury, or |
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death arises from the operation or use of a motor-driven vehicle or |
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motor-driven equipment; and |
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(B) the employee would be personally liable to |
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the claimant according to Texas law; and |
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(2) personal injury and death [so] caused by [a
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condition or use of tangible personal or real property if] the |
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negligence of the governmental unit that it would, were it a private |
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person, be liable to the claimant according to Texas law. |
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SECTION 2. This Act applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrues before the effective date of this Act is |
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governed by the law applicable to the action 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 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |