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


Office of House Bill AnalysisH.B. 681
By: Allen
Civil Practices
3/4/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, 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
department 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 the Texas Department of
Criminal Justice (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.