81R2817 CAE-F
 
  By: Patrick, Dan S.B. No. 1041
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the liability of public servants of certain
  governmental units for property damage.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 108.002(b), Civil Practice and Remedies
  Code, is amended to read as follows:
         (b)  Except in an action arising under the constitution or
  laws of the United States, a public servant is not liable for
  damages in excess of $10,000 [$100,000] for property damage if:
               (1)  the damages are the result of an act or omission by
  the public servant in the course and scope of the public servant's
  office, employment, or contractual performance for or service on
  behalf of a state agency, institution, department, or local
  government; and
               (2)  for the amount not in excess of $10,000
  [$100,000], the public servant is covered:
                     (A)  by the state's obligation to indemnify under
  Chapter 104;
                     (B)  by a local government's authorization to
  indemnify under Chapter 102;
                     (C)  by liability or errors and omissions
  insurance; or
                     (D)  by liability or errors and omissions coverage
  under an interlocal agreement.
         SECTION 2.  Section 108.002(b), Civil Practice and Remedies
  Code, as amended by this Act, applies only to an action filed on or
  after the effective date of this Act. An action filed before the
  effective date of this Act is governed by the law in effect
  immediately before the change in law made by this Act, and that law
  is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.