| 1 | 1 | | 86R12373 LED-D |
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| 2 | 2 | | By: Dutton H.B. No. 3918 |
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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 suits against certain governmental employees. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 101.106, Civil Practice and Remedies |
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| 10 | 10 | | Code, is amended by amending Subsections (a) and (e) and adding |
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| 11 | 11 | | Subsection (g) to read as follows: |
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| 12 | 12 | | (a) Except as provided by Subsection (g), the [The] filing |
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| 13 | 13 | | of a suit under this chapter against a governmental unit |
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| 14 | 14 | | constitutes an irrevocable election by the plaintiff and |
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| 15 | 15 | | immediately and forever bars any suit or recovery by the plaintiff |
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| 16 | 16 | | against any individual employee of the governmental unit regarding |
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| 17 | 17 | | the same subject matter. |
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| 18 | 18 | | (e) Except as provided by Subsection (g), if [If] a suit is |
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| 19 | 19 | | filed under this chapter against both a governmental unit and any of |
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| 20 | 20 | | its employees, the employees shall immediately be dismissed on the |
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| 21 | 21 | | filing of a motion by the governmental unit. |
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| 22 | 22 | | (g) This section may not be construed to restrict a |
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| 23 | 23 | | plaintiff's ability to bring a suit against an employee of a |
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| 24 | 24 | | governmental unit for assault, battery, false imprisonment, or any |
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| 25 | 25 | | other intentional tort, including a tort involving disciplinary |
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| 26 | 26 | | action by school authorities. |
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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 accrued 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 the effective date of this Act, and that law is |
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| 32 | 32 | | continued in effect for that purpose. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2019. |
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