Bill Text: TX HB1089 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the liability of governmental units under the Texas Tort Claims Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-04-14 - Left pending in committee [HB1089 Detail]

Download: Texas-2021-HB1089-Introduced.html
  87R3331 BRG-F
 
  By: Reynolds H.B. No. 1089
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the liability of governmental units under the Texas
  Tort Claims Act.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 101.021, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 101.021.  GOVERNMENTAL LIABILITY. A governmental unit
  in the state is liable for:
               (1)  property damage, personal injury, and death
  proximately caused by the wrongful act or omission or the
  negligence of an employee acting within his scope of employment if:
                     (A)  the property damage, personal injury, or
  death arises from the operation or use of a motor-driven vehicle or
  motor-driven equipment; and
                     (B)  the employee would be personally liable to
  the claimant according to Texas law; [and]
               (2)  personal injury and death so caused by a condition
  or use of tangible personal or real property if the governmental
  unit would, were it a private person, be liable to the claimant
  according to Texas law; and
               (3)  property damage, personal injury, and death
  proximately caused by the wrongful act or omission or the
  negligence of an employee acting within the employee's scope of
  employment if:
                     (A)  the employee is a county jailer, peace
  officer, public security officer, reserve law enforcement officer,
  telecommunicator, or school marshal, as those terms are defined by
  Section 1701.001, Occupations Code; and
                     (B)  the employee would be personally liable to
  the claimant according to Texas law.
         SECTION 2.  Section 101.023(b), Civil Practice and Remedies
  Code, is amended to read as follows:
         (b)  Liability [Except as provided by Subsection (c),
  liability] of a unit of local government, including a municipality,
  under this chapter is limited to money damages in a maximum amount
  of $250,000 [$100,000] for each person and $500,000 [$300,000] for
  each single occurrence for bodily injury or death and $100,000 for
  each single occurrence for injury to or destruction of property.
         SECTION 3.  Section 101.024, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 101.024.  EXEMPLARY DAMAGES. (a) Except as provided by
  Subsection (b), this [This] chapter does not authorize exemplary
  damages.
         (b)  A claimant may be awarded exemplary damages if a
  governmental unit is found liable for personal injury or death
  under Section 101.021(3).
         SECTION 4.  Section 101.055, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 101.055.  CERTAIN GOVERNMENTAL FUNCTIONS. This chapter
  does not apply to a claim arising:
               (1)  in connection with the assessment or collection of
  taxes by a governmental unit;
               (2)  from the action of an employee while responding to
  an emergency call or reacting to an emergency situation if the
  action is in compliance with the laws and ordinances applicable to
  emergency action, or in the absence of such a law or ordinance, if
  the action is not negligent or taken with conscious indifference or
  reckless disregard for the safety of others; or
               (3)  from the failure to provide or the method of
  providing police or fire protection, unless the failure to provide
  or method of providing protection was negligent, consciously
  indifferent, or occurred with reckless disregard.
         SECTION 5.  Section 101.057, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 101.057.  CIVIL DISOBEDIENCE AND CERTAIN INTENTIONAL
  TORTS. This chapter does not apply to a claim [:
               [(1) based on an injury or death connected with any act
  or omission arising out of civil disobedience, riot, insurrection,
  or rebellion; or
               [(2)] arising out of assault, battery, false
  imprisonment, or any other intentional tort, including a tort
  involving disciplinary action by school authorities.
         SECTION 6.  Section 101.104, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 101.104.  EVIDENCE OF INSURANCE COVERAGE. [(a)]
  Neither the existence nor the amount of insurance held by a
  governmental unit is admissible in the trial of a suit under this
  chapter.
         [(b)  Neither the existence nor the amount of the insurance
  is subject to discovery.]
         SECTION 7.  Section 311.0456(f), Health and Safety Code, is
  amended to read as follows:
         (f)  Notwithstanding any other law, the liability of a
  nonprofit hospital or hospital system for noneconomic damages as
  defined by Section 41.001, Civil Practice and Remedies Code, for a
  cause of action that accrues during the period that the hospital or
  system is certified under this section is subject to the
  limitations specified by Section 101.023(b), Civil Practice and
  Remedies Code [, and Subsection (c) of that section does not apply].
  This subsection establishes the total combined limit of liability
  of the nonprofit hospital or hospital system and any employee,
  officer, or director of the hospital or system for noneconomic
  damages for each person and each single occurrence, as described by
  Section 101.023(b), Civil Practice and Remedies Code.
         SECTION 8.  Section 101.023(c), Civil Practice and Remedies
  Code, is repealed.
         SECTION 9.  The changes in law made by this Act apply only to
  a cause of action that accrues on or after the effective date of
  this Act. A cause of action that accrued before the effective date
  of this Act is governed by the law applicable to the cause of action
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 10.  This Act takes effect September 1, 2021.
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