| 1 | 1 | | 81R3054 TJS-D |
|---|
| 2 | 2 | | By: Ogden S.B. No. 628 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to immunity of the state and state agencies and employees |
|---|
| 8 | 8 | | of the state and state agencies from suit by certain public |
|---|
| 9 | 9 | | entities. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Title 5, Civil Practice and Remedies Code, is |
|---|
| 12 | 12 | | amended by adding Chapter 113 to read as follows: |
|---|
| 13 | 13 | | CHAPTER 113. IMMUNITY FROM SUIT BY PUBLIC ENTITIES |
|---|
| 14 | 14 | | Sec. 113.001. DEFINITIONS. In this chapter: |
|---|
| 15 | 15 | | (1) "Employee" includes an officer, volunteer, or |
|---|
| 16 | 16 | | employee or a former officer, volunteer, or employee of the state or |
|---|
| 17 | 17 | | a state agency. The term includes a member of a governing board. |
|---|
| 18 | 18 | | (2) "Public entity" means a political subdivision of |
|---|
| 19 | 19 | | this state, including a city, county, school district, junior |
|---|
| 20 | 20 | | college district, levee improvement district, drainage district, |
|---|
| 21 | 21 | | irrigation district, water improvement district, water control and |
|---|
| 22 | 22 | | improvement district, water control and preservation district, |
|---|
| 23 | 23 | | freshwater supply district, navigation district, conservation and |
|---|
| 24 | 24 | | reclamation district, soil conservation district, communication |
|---|
| 25 | 25 | | district, public health district, or river authority. |
|---|
| 26 | 26 | | (3) "State agency" means any of the agencies of |
|---|
| 27 | 27 | | government that collectively constitute the government of this |
|---|
| 28 | 28 | | state, including other agencies bearing different designations, |
|---|
| 29 | 29 | | and all departments, bureaus, boards, commissions, offices, |
|---|
| 30 | 30 | | agencies, councils, and courts. |
|---|
| 31 | 31 | | Sec. 113.002. IMMUNITY FROM SUIT. A public entity may not |
|---|
| 32 | 32 | | bring an action for damages or other relief, including a |
|---|
| 33 | 33 | | declaratory judgment, against: |
|---|
| 34 | 34 | | (1) the state or a state agency; or |
|---|
| 35 | 35 | | (2) an employee of the state or a state agency for an |
|---|
| 36 | 36 | | act or omission of the employee in the course and scope of the |
|---|
| 37 | 37 | | employee's employment with the state or state agency. |
|---|
| 38 | 38 | | SECTION 2. This Act applies only to a cause of action that |
|---|
| 39 | 39 | | accrues on or after the effective date of this Act. A cause of |
|---|
| 40 | 40 | | action that accrues before the effective date of this Act is |
|---|
| 41 | 41 | | governed by the law in effect immediately before that date, and that |
|---|
| 42 | 42 | | law is continued in effect for that purpose. |
|---|
| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 47 | 47 | | Act takes effect September 1, 2009. |
|---|