82R2905 AJA-D
By: Dutton H.B. No. 687
A BILL TO BE ENTITLED
AN ACT
relating to liability of a governmental unit for personal injury
and death caused by the governmental unit's negligence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 101.021, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 101.021. GOVERNMENTAL LIABILITY. A governmental unit
in the state is liable for:
(1) property damage, personal injury, and death
proximately caused by the wrongful act or omission or the
negligence of an employee acting within his scope of employment if:
(A) the property damage, personal injury, or
death arises from the operation or use of a motor-driven vehicle or
motor-driven equipment; and
(B) the employee would be personally liable to
the claimant according to Texas law; and
(2) personal injury and death [so] caused by the
negligence of [a condition or use of tangible personal or real
property if] the governmental unit if the governmental unit would,
were it a private person, be liable to the claimant according to
Texas law.
SECTION 2. 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 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, 2011.