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.