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A BILL TO BE ENTITLED
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AN ACT
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relating to suits against certain governmental employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101.106, Civil Practice and Remedies |
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Code, is amended by amending Subsections (a) and (e) and adding |
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Subsection (g) to read as follows: |
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(a) Except as provided by Subsection (g), the [The] filing |
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of a suit under this chapter against a governmental unit |
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constitutes an irrevocable election by the plaintiff and |
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immediately and forever bars any suit or recovery by the plaintiff |
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against any individual employee of the governmental unit regarding |
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the same subject matter. |
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(e) Except as provided by Subsection (g), if [If] a suit is |
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filed under this chapter against both a governmental unit and any of |
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its employees, the employees shall immediately be dismissed on the |
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filing of a motion by the governmental unit. |
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(g) This section may not be construed to restrict a |
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plaintiff's ability to bring a suit against an employee of a |
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governmental unit for assault, battery, false imprisonment, or any |
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other intentional tort, including a tort involving disciplinary |
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action by school authorities. |
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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 accrued before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |