Bill Text: TX HB185 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to liability of a governmental unit for personal injury and death caused by the governmental unit's negligence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-06 - Referred to Judiciary & Civil Jurisprudence [HB185 Detail]
Download: Texas-2013-HB185-Introduced.html
83R839 AJA-D | ||
By: Dutton | H.B. No. 185 |
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relating to liability of a governmental unit for personal injury | ||
and death caused by the governmental unit's negligence. | ||
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 [ |
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negligence of [ |
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were it a private person, be liable to the claimant according to | ||
Texas law. | ||
SECTION 2. The change in law made by this Act 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 in effect immediately before that | ||
date, and that law is continued in effect for that purpose. | ||
SECTION 3. 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, 2013. |