88R3015 SCL-D
By: Dutton H.B. No. 1309
A BILL TO BE ENTITLED
AN ACT
relating to suits against certain governmental employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 101.106, Civil Practice and Remedies
Code, is amended by amending Subsections (a) and (e) and adding
Subsection (g) to read as follows:
(a) Except as provided by Subsection (g), the [The] filing
of a suit under this chapter against a governmental unit
constitutes an irrevocable election by the plaintiff and
immediately and forever bars any suit or recovery by the plaintiff
against any individual employee of the governmental unit regarding
the same subject matter.
(e) Except as provided by Subsection (g), if [If] a suit is
filed under this chapter against both a governmental unit and any of
its employees, the employees shall immediately be dismissed on the
filing of a motion by the governmental unit.
(g) This section may not be construed to restrict a
plaintiff's ability to bring a suit against an employee of a
governmental unit for assault, battery, false imprisonment, or any
other intentional tort, including a tort involving disciplinary
action by school authorities.
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 accrued before the effective date
of this Act is governed by the law applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.