Texas Senate Bill SB1041

Texas 2009 - 81st Regular

Caption

Relating to the liability of public servants of certain governmental units for property damage.

Impact

The enactment of SB1041 will likely have a significant impact on how claims for property damage against public servants are processed in Texas. By limiting liability, the bill could reduce the number of lawsuits filed against public servants and ease the financial strain on state and local governments in covering these claims. However, the bill also raises concerns regarding accountability, as some legislators may argue that reducing liability could lead to negligence among public servants if they feel they cannot be held responsible for their actions.

Summary

SB1041, introduced by Senator Dan Patrick, seeks to amend the Civil Practice and Remedies Code concerning the liability of public servants representing certain governmental units for property damage. The bill establishes a cap on damages that a public servant can be liable for, specifically limiting it to a maximum of $10,000 for property damage resulting from actions taken during the performance of their duties. This change is designed to protect public servants from excessive financial burden due to claims arising from their official capacities, thus encouraging them to effectively carry out their duties without fear of significant liability.

Contention

Notable points of contention surrounding SB1041 involve the balance between protecting public servants and maintaining a system of accountability. Supporters of the bill argue that the current liability limits hinder the ability of public servants to function effectively in their roles, as fears of exceeding financial liabilities can impact decision-making processes. Conversely, opponents express concern that capping damages may prevent justice for victims of negligence or misconduct by public servants, potentially undermining public trust in government accountability. Debates surrounding this issue likely reflect broader societal views on the responsibilities of public officials and the protections they should be afforded.