| 1 | 1 | | 81R2817 CAE-F |
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| 2 | 2 | | By: Lewis H.B. No. 2149 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the liability of public servants of certain |
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| 8 | 8 | | governmental units for property damage. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 108.002(b), Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | (b) Except in an action arising under the constitution or |
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| 13 | 13 | | laws of the United States, a public servant is not liable for |
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| 14 | 14 | | damages in excess of $10,000 [$100,000] for property damage if: |
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| 15 | 15 | | (1) the damages are the result of an act or omission by |
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| 16 | 16 | | the public servant in the course and scope of the public servant's |
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| 17 | 17 | | office, employment, or contractual performance for or service on |
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| 18 | 18 | | behalf of a state agency, institution, department, or local |
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| 19 | 19 | | government; and |
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| 20 | 20 | | (2) for the amount not in excess of $10,000 |
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| 21 | 21 | | [$100,000], the public servant is covered: |
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| 22 | 22 | | (A) by the state's obligation to indemnify under |
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| 23 | 23 | | Chapter 104; |
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| 24 | 24 | | (B) by a local government's authorization to |
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| 25 | 25 | | indemnify under Chapter 102; |
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| 26 | 26 | | (C) by liability or errors and omissions |
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| 27 | 27 | | insurance; or |
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| 28 | 28 | | (D) by liability or errors and omissions coverage |
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| 29 | 29 | | under an interlocal agreement. |
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| 30 | 30 | | SECTION 2. Section 108.002(b), Civil Practice and Remedies |
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| 31 | 31 | | Code, as amended by this Act, applies only to an action filed on or |
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| 32 | 32 | | after the effective date of this Act. An action filed before the |
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| 33 | 33 | | effective date of this Act is governed by the law in effect |
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| 34 | 34 | | immediately before the change in law made by this Act, and that law |
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| 35 | 35 | | is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2009. |
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