By: Duncan S.B. No. 1651
(In the Senate - Filed March 10, 2009; March 20, 2009, read
first time and referred to Committee on State Affairs;
March 31, 2009, reported favorably by the following vote: Yeas 9,
Nays 0; March 31, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to state indemnification and defense of certain judges and
certain judicial appointees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 104.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 104.001. STATE LIABILITY; PERSONS COVERED. In a cause
of action based on conduct described in Section 104.002, the state
shall indemnify the following persons, without regard to whether
the persons performed their services for compensation, for actual
damages, court costs, and attorney's fees adjudged against:
(1) an employee, a member of the governing board, or
any other officer of a state agency, institution, or department;
(2) a former employee, former member of the governing
board, or any other former officer of a state agency, institution,
or department who was an employee or officer when the act or
omission on which the damages are based occurred;
(3) a physician or psychiatrist licensed in this state
who was performing services under a contract with any state agency,
institution, or department or a racing official performing services
under a contract with the Texas Racing Commission when the act or
omission on which the damages are based occurred;
(3-a) a phlebotomist licensed in this state who was
performing services under a contract with the Texas Department of
Criminal Justice when the act or omission on which the damages are
based occurred;
(4) a chaplain or spiritual advisor who was performing
services under contract with the Texas Department of Criminal
Justice, the Texas Youth Commission, or the Texas Juvenile
Probation Commission when the act or omission on which the damages
are based occurred;
(5) a person serving on the governing board of a
foundation, corporation, or association at the request and on
behalf of an institution of higher education, as that term is
defined by Section 61.003(8), Education Code, not including a
public junior college;
(6) a state contractor who signed a waste manifest as
required by a state contract; [or]
(7) a current or former appointee of the supreme court
to a judicial board, commission, or task force who was acting in an
official capacity as an appointee when the act or omission on which
the damages are based occurred; or
(8) the estate of a person listed in this section.
SECTION 2. Section 74.141, Government Code, is amended to
read as follows:
Sec. 74.141. DEFENSE OF JUDGES. The attorney general shall
defend a state district judge, a presiding judge of an
administrative region, [or] an active, retired, or former judge
assigned under this chapter, or a current or former appointee of the
supreme court to a judicial board, commission, or task force in any
action or suit in any court in which the judge or appointee is a
defendant because of his office as judge or service on the board,
commission, or task force if the judge or appointee requests the
attorney general's assistance in the defense of the suit.
SECTION 3. The change in law made by this Act providing
indemnification and defense to certain individuals applies only to
a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law as it existed immediately before
that date, and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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