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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of public servants of certain |
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governmental units for property damage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 108.002(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) Except in an action arising under the constitution or |
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laws of the United States, a public servant is not liable for |
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damages in excess of $10,000 [$100,000] for property damage if: |
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(1) the damages are the result of an act or omission by |
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the public servant in the course and scope of the public servant's |
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office, employment, or contractual performance for or service on |
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behalf of a state agency, institution, department, or local |
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government; and |
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(2) for the amount not in excess of $10,000 |
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[$100,000], the public servant is covered: |
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(A) by the state's obligation to indemnify under |
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Chapter 104; |
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(B) by a local government's authorization to |
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indemnify under Chapter 102; |
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(C) by liability or errors and omissions |
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insurance; or |
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(D) by liability or errors and omissions coverage |
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under an interlocal agreement. |
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SECTION 2. Section 108.002(b), Civil Practice and Remedies |
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Code, as amended by this Act, applies only to an action filed on or |
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after the effective date of this Act. An action filed before the |
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effective date of this Act is governed by the law in effect |
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immediately before the change in law made by this Act, and that law |
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is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |