82R12984 T
By: Hartnett H.B. No. 2726
A BILL TO BE ENTITLED
AN ACT
relating to liability of an employee of an independent contractor
of a transportation entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 452.056, Transportation Code, is amended
by amending Subsection (d) to read as follows:
(d) A private operator who contracts with an authority under
this chapter is not a public entity for purposes of any law of this
state except that an independent contractor of the authority or an
employee of the independent contractor that, on or after June 14,
1989, performs a function of the authority or an entity described by
Section 452.0561 that is created to provide transportation services
is liable for damages only to the extent that the authority or
entity would be liable if the authority or entity itself were
performing the function and only for a cause of action that accrues
on or after that date.
SECTION 2. Section 452.0561, Transportation Code, is
amended by amending Subsection (a) to read as follows:
(a) This section applies only to a transportation entity
created under:
(1) Subtitle C or D of Title 5, [or] Chapter 172, 173,
or 174, or this chapter; or
(2) former Title 112, Revised Statutes.
SECTION 3. The change in law made by 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 the
effective date of his Act, and that law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2011.