TO: | Honorable Byron Cook, Chair, House Committee on Civil Practices |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB811 by Dutton (Relating to governmental liability.), As Introduced |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2008 | ($270,475) |
2009 | ($235,465) |
2010 | ($312,238) |
2011 | ($304,824) |
2012 | ($304,824) |
Fiscal Year | Probable (Cost) from GENERAL REVENUE FUND 1 |
Change in Number of State Employees from FY 2005 |
---|---|---|
2008 | ($270,475) | 5.3 |
2009 | ($235,465) | 5.3 |
2010 | ($312,238) | 5.3 |
2011 | ($304,824) | 5.3 |
2012 | ($304,824) | 5.3 |
A number of the Office Attorney General’s (OAG) client agencies (Texas Department of Criminal Justice, Texas Department of Public Safety) routinely transport passengers. Often they have been accused or convicted of violent felonies. If these agencies are to be held liable for the behavior of these passengers while in a motor-driven vehicle, the OAG should anticipate a significant increase in tort claims and cases against these agencies.
The OAG anticipates that the Tort Litigation Division will need an Assistant Attorney General I, Assistant Attorney General II and a Legal Assistant II in FY 2006-10 and one additional Assistant Attorney General II in FY 2008-10. The Law Enforcement Defense Division will need ½ Assistant Attorney General I , 1/4 Legal Assistant I and ½ of an Administrative Assistant I beginning in FY 2006. The OAG will require an increase to the FY 2006/2007 FTE cap as a result of the bill.
The Texas Department of Transportation (TXDOT) also reported a potential increase in the number of claims that may be filed as a result of this bill. TXDOT reports that an estimated 200 claims involving loose gravel, tar, asphalt and paint on the road are filed per year for which TXDOT is not liable.
Source Agencies: | 302 Office of the Attorney General, 601 Department of Transportation
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LBB Staff: | JOB, MN, JM, MS
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