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A BILL TO BE ENTITLED
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AN ACT
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relating to a suit against an employee of a governmental unit |
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alleging negligence in the course of the employee's employment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101.106(f), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(f) If a suit is filed against an employee of a governmental |
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unit alleging negligence for an act or omission occurring during |
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[based on conduct within] the general course and scope of that |
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employee's employment [and if it could have been brought under this
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chapter against the governmental unit], the suit is considered to |
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be against the employee in the employee's official capacity only. |
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On the employee's motion, the suit against the employee shall be |
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dismissed unless the plaintiff files amended pleadings dismissing |
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the employee and naming the governmental unit as defendant on or |
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before the 30th day after the date the motion is filed. |
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SECTION 2. Section 101.106(f), 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 in effect at the time the action accrued, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |