81R2817 CAE-F
By: Lewis H.B. No. 2149
A BILL TO BE ENTITLED
AN ACT
relating to the liability of public servants of certain
governmental units for property damage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 108.002(b), Civil Practice and Remedies
Code, is amended to read as follows:
(b) Except in an action arising under the constitution or
laws of the United States, a public servant is not liable for
damages in excess of $10,000 [$100,000] for property damage if:
(1) the damages are the result of an act or omission by
the public servant in the course and scope of the public servant's
office, employment, or contractual performance for or service on
behalf of a state agency, institution, department, or local
government; and
(2) for the amount not in excess of $10,000
[$100,000], the public servant is covered:
(A) by the state's obligation to indemnify under
Chapter 104;
(B) by a local government's authorization to
indemnify under Chapter 102;
(C) by liability or errors and omissions
insurance; or
(D) by liability or errors and omissions coverage
under an interlocal agreement.
SECTION 2. Section 108.002(b), Civil Practice and Remedies
Code, as amended by this Act, applies only to an action filed on or
after the effective date of this Act. An action filed before the
effective date of this Act is governed by the law in effect
immediately before the change in law made by this Act, and that law
is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.