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A BILL TO BE ENTITLED
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AN ACT
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relating to state indemnification and defense of certain judges and |
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certain judicial appointees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 104.001, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 104.001. STATE LIABILITY; PERSONS COVERED. In a cause |
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of action based on conduct described in Section 104.002, the state |
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shall indemnify the following persons, without regard to whether |
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the persons performed their services for compensation, for actual |
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damages, court costs, and attorney's fees adjudged against: |
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(1) an employee, a member of the governing board, or |
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any other officer of a state agency, institution, or department; |
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(2) a former employee, former member of the governing |
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board, or any other former officer of a state agency, institution, |
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or department who was an employee or officer when the act or |
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omission on which the damages are based occurred; |
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(3) a physician or psychiatrist licensed in this state |
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who was performing services under a contract with any state agency, |
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institution, or department or a racing official performing services |
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under a contract with the Texas Racing Commission when the act or |
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omission on which the damages are based occurred; |
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(3-a) a phlebotomist licensed in this state who was |
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performing services under a contract with the Texas Department of |
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Criminal Justice when the act or omission on which the damages are |
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based occurred; |
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(4) a chaplain or spiritual advisor who was performing |
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services under contract with the Texas Department of Criminal |
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Justice, the Texas Youth Commission, or the Texas Juvenile |
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Probation Commission when the act or omission on which the damages |
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are based occurred; |
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(5) a person serving on the governing board of a |
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foundation, corporation, or association at the request and on |
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behalf of an institution of higher education, as that term is |
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defined by Section 61.003(8), Education Code, not including a |
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public junior college; |
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(6) a state contractor who signed a waste manifest as |
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required by a state contract; [or] |
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(7) a current or former appointee of the supreme court |
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to a judicial board, commission, or task force who was acting in an |
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official capacity as an appointee when the act or omission on which |
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the damages are based occurred; or |
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(8) the estate of a person listed in this section. |
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SECTION 2. Section 74.141, Government Code, is amended to |
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read as follows: |
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Sec. 74.141. DEFENSE OF JUDGES. The attorney general shall |
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defend a state district judge, a presiding judge of an |
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administrative region, [or] an active, retired, or former judge |
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assigned under this chapter, or a current or former appointee of the |
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supreme court to a judicial board, commission, or task force in any |
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action or suit in any court in which the judge or appointee is a |
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defendant because of his office as judge or service on the board, |
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commission, or task force if the judge or appointee requests the |
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attorney general's assistance in the defense of the suit. |
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SECTION 3. The change in law made by this Act providing |
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indemnification and defense to certain individuals applies only to |
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a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law as it existed immediately before |
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that date, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |