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LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
April 13, 2021
TO:
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB1089 by Reynolds (Relating to the liability of governmental units under the Texas Tort Claims Act.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code to make state governmental entities liable for wrongful acts, omissions, or negligence of county jailers, police officers, public security officers, reserve law enforcement officers, telecommunicators, and school marshals acting within the scope of their employment. The bill would allow for an award of exemplary damages for personal injury or death caused by the acts, omissions, or negligence of employees in those positions. The maximum damages from bodily injury or death for which a local government may be held liable would increase from $100,000 to $250,000 per person and from $300,000 to $500,000 per incident. The bill would allow damages to be awarded for negligence in responding to an emergency call or an emergency situation and for negligence, willful indifference, or reckless disregard for public safety in failing to provide police or fire protection or in the method of providing police or fire protection. The bill would allow for a claim against a governmental entity based upon injury or death arising from civil disobedience, riot, insurrection, or rebellion. Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.
Local Government Impact
There may be a fiscal impact on local government as the bill waives governmental immunity for a broader array of tortious conduct and increases the amount of damages for which local government may be held liable.