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

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

Spectrum: Partisan Bill (Democrat 1-0)

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

Download: Texas-2021-HB1089-Introduced.html

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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.