| 1 | 1 | | 84R2769 AJA-D |
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| 2 | 2 | | By: Dutton H.B. No. 2375 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to liability of a governmental unit for personal injury |
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| 8 | 8 | | and death caused by the governmental unit's negligence. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 101.021, Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | Sec. 101.021. GOVERNMENTAL LIABILITY. A governmental unit |
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| 13 | 13 | | in the state is liable for: |
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| 14 | 14 | | (1) property damage, personal injury, and death |
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| 15 | 15 | | proximately caused by the wrongful act or omission or the |
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| 16 | 16 | | negligence of an employee acting within his scope of employment if: |
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| 17 | 17 | | (A) the property damage, personal injury, or |
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| 18 | 18 | | death arises from the operation or use of a motor-driven vehicle or |
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| 19 | 19 | | motor-driven equipment; and |
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| 20 | 20 | | (B) the employee would be personally liable to |
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| 21 | 21 | | the claimant according to Texas law; and |
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| 22 | 22 | | (2) personal injury and death [so] caused by the |
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| 23 | 23 | | negligence of [a condition or use of tangible personal or real |
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| 24 | 24 | | property if] the governmental unit if the governmental unit would, |
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| 25 | 25 | | were it a private person, be liable to the claimant according to |
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| 26 | 26 | | Texas law. |
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| 27 | 27 | | SECTION 2. The change in law made by this Act applies only |
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| 28 | 28 | | to a cause of action that accrues on or after the effective date of |
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| 29 | 29 | | this Act. A cause of action that accrues before the effective date |
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| 30 | 30 | | of this Act is governed by the law applicable to the cause of action |
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| 31 | 31 | | immediately before that date, and that law is continued in effect |
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| 32 | 32 | | for that purpose. |
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| 33 | 33 | | SECTION 3. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2015. |
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