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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of a governmental unit for personal injury |
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and death caused by the governmental unit's negligence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101.021, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 101.021. GOVERNMENTAL LIABILITY. A governmental unit |
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in the state is liable for: |
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(1) property damage, personal injury, and death |
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proximately caused by the wrongful act or omission or the |
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negligence of an employee acting within his scope of employment if: |
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(A) the property damage, personal injury, or |
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death arises from the operation or use of a motor-driven vehicle or |
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motor-driven equipment; and |
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(B) the employee would be personally liable to |
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the claimant according to Texas law; and |
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(2) personal injury and death [so] caused by the |
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negligence of [a condition or use of tangible personal or real
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property if] the governmental unit if the governmental unit would, |
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were it a private person, be liable to the claimant according to |
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Texas law. |
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SECTION 2. The change in law made by this Act applies only |
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to 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 in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 3. 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, 2013. |