TITLE: Relating to the liability of governmental units under the Texas Tort Claims Act.

SUMMARY: Relating to the liability of governmental units under the Texas Tort Claims Act.

FULL TEXT:
AN ACT relating to the liability of governmental units under the Texas Tort Claims Act. 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 a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law;and (3) property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within the employee's scope of employment if: (A) the employee is a county jailer, peace officer, public security officer, reserve law enforcement officer, telecommunicator, or school marshal, as those terms are defined by Section 1701.001, Occupations Code; and (B) the employee would be personally liable to the claimant according to Texas law.SECTION 2. Section 101.023(b), Civil Practice and Remedies Code, is amended to read as follows: (b) Liability [Except as provided by Subsection (c), liability] of a unit of local government,including a municipality, under this chapter is limited to money damages in a maximum amount of $250,000 [$100,000] for each person and $500,000 [$300,000] for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property. SECTION 3. Section 101.024, Civil Practice and Remedies Code, is amended to read as follows: Sec. 101.024. EXEMPLARY DAMAGES. (a) Except as provided by Subsection (b), this [This] chapter does not authorize exemplary damages. (b) A claimant may be awarded exemplary damages if a governmental unit is found liable for personal injury or death under Section 101.021(3). SECTION 4. Section 101.055, Civil Practice and Remedies Code, is amended to read as follows: Sec. 101.055. CERTAIN GOVERNMENTAL FUNCTIONS. This chapter does not apply to a claim arising: (1) in connection with the assessment or collection of taxes by a governmental unit; (2) from the action of an employee while responding to an emergency call or reacting to an emergency situation if the action is in compliance with the laws and ordinances applicable to emergency action, or in the absence of such a law or ordinance, if the action is not negligent or taken with conscious indifference or reckless disregard for the safety of others; or (3) from the failure to provide or the method of providing police or fire protection,unless the failure to provide or method of providing protection was negligent, consciously indifferent, or occurred with reckless disregard.SECTION 5. Section 101.057, Civil Practice and Remedies Code, is amended to read as follows: Sec. 101.057. CIVIL DISOBEDIENCE AND CERTAIN INTENTIONAL TORTS. This chapter does not apply to a claim [: [(1) based on an injury or death connected with any act or omission arising out of civil disobedience, riot, insurrection, or rebellion; or [(2)] arising out of assault, battery, false imprisonment, or any other intentional tort, including a tort involving disciplinary action by school authorities. SECTION 6. Section 101.104, Civil Practice and Remedies Code, is amended to read as follows: Sec. 101.104. EVIDENCE OF INSURANCE COVERAGE. [(a)] Neither the existence nor the amount of insurance held by a governmental unit is admissible in the trial of a suit under this chapter. [(b) Neither the existence nor the amount of the insurance is subject to discovery.] SECTION 7. Section 311.0456(f), Health and Safety Code, is amended to read as follows: (f) Notwithstanding any other law, the liability of a nonprofit hospital or hospital system for noneconomic damages as defined by Section 41.001, Civil Practice and Remedies Code, for a cause of action that accrues during the period that the hospital or system is certified under this section is subject to the limitations specified by Section 101.023(b), Civil Practice and Remedies Code [ and Subsection (c) of that section does not apply].This subsection establishes the total combined limit of liability of the nonprofit hospital or hospital system and any employee, officer, or director of the hospital or system for noneconomic damages for each person and each single occurrence, as described by Section 101.023(b), Civil Practice and Remedies Code. SECTION 8. Section 101.023(c), Civil Practice and Remedies Code, is repealed. SECTION 9. The changes in law made by this Act apply 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 10. This Act takes effect September 1, 2021.