81R3054 TJS-D
By: Ogden S.B. No. 628
A BILL TO BE ENTITLED
AN ACT
relating to immunity of the state and state agencies and employees
of the state and state agencies from suit by certain public
entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 5, Civil Practice and Remedies Code, is
amended by adding Chapter 113 to read as follows:
CHAPTER 113. IMMUNITY FROM SUIT BY PUBLIC ENTITIES
Sec. 113.001. DEFINITIONS. In this chapter:
(1) "Employee" includes an officer, volunteer, or
employee or a former officer, volunteer, or employee of the state or
a state agency. The term includes a member of a governing board.
(2) "Public entity" means a political subdivision of
this state, including a city, county, school district, junior
college district, levee improvement district, drainage district,
irrigation district, water improvement district, water control and
improvement district, water control and preservation district,
freshwater supply district, navigation district, conservation and
reclamation district, soil conservation district, communication
district, public health district, or river authority.
(3) "State agency" means any of the agencies of
government that collectively constitute the government of this
state, including other agencies bearing different designations,
and all departments, bureaus, boards, commissions, offices,
agencies, councils, and courts.
Sec. 113.002. IMMUNITY FROM SUIT. A public entity may not
bring an action for damages or other relief, including a
declaratory judgment, against:
(1) the state or a state agency; or
(2) an employee of the state or a state agency for an
act or omission of the employee in the course and scope of the
employee's employment with the state or state agency.
SECTION 2. This Act 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 in effect immediately before that date, and that
law is continued in effect for that purpose.
SECTION 3. 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.