HBA-ATS, KMH H.B. 681 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 681
By: Allen
Civil Practices
6/2/1999
Enrolled



BACKGROUND AND PURPOSE 

The Texas Department of Criminal Justice (TDCJ) has limited liability for
auto accidents in which inmates are involved during the course and scope of
their assigned duties.  This limited liability enables TDCJ to reimburse an
individual if an inmate driver causes property damage or injuries. H.B. 681
ensures that TDCJ's liability for auto accidents involving inmate drivers
remains limited by statute.  This bill requires the claimant to elect
between bringing an action against either TDCJ or the inmate.  Essentially,
an action or judgment against one party bars action against the other. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 101.029, Civil Practice and Remedies Code, to
include among the list of elements which assist in determining whether the
Texas Department of Criminal Justice (TDCJ) is liable to a claimant for
property damage, personal injury, or death (damages), instances where an
inmate or state jail defendant (defendant) housed in a facility operated by
TDCJ would be liable to a claimant for damages if the inmate or defendant
were acting as a private person in similar circumstances.  Prohibits a
claimant from naming an inmate or defendant whose act or omission gave rise
to the claim as a codefendant in an action brought under this section.
Prohibits further claims by a claimant  involving the same subject matter
against either the inmate or defendant whose acts or omissions gave rise to
the claim when there is a judgment or settlement against TDCJ. Prohibits
further claims by a claimant  involving the same subject matter against
TDCJ if there is a judgment or settlement against either the inmate or
defendant whose acts or omissions gave rise to the claim. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Emergency clause.