LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 80TH LEGISLATIVE REGULAR SESSION

March 2, 2007

TO:	Honorable Kevin Bailey, Chair, House Committee on Urban Affairs
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB1478 by Turner (Relating to the waiver of immunity from suit of certain local government entities for claims arising under employment law.), As Introduced

No fiscal implication to the State is anticipated.

The bill would amend the Local Government Code by waiving immunity from a suit related to employment law claims for a local governmental entity that is governed by a state statute or local ordinance affecting the employment rights of the local governmental entity's employees. The total amount of damages that could be imposed on the local governmental entity arising from a suit under employment law would be limited to the amount necessary to make the affected individual whole for any violation of rights found to have occurred and interest as allowed by law. The bill would prohibit awarding of attorney's fees to any party in the suit, unless authorized by a statute outside Subchapter I, Local Government Code.

Local Government Impact

A local governmental entity to which sovereign immunity would be waived under the provisions of the bill would incur at a minimum, legal costs for defending itself in court. If the political subdivision were to lose the suit, the political subdivision would incur additional costs for paying the award to the employee. Costs would vary per suit and would depend on the amount of damages awarded as well as length of trial and preparation time involved for trial.

Source Agencies:

LBB Staff:

JOB, DB