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