HBA-NIK H.B. 2733 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2733
By: Keffer
Civil Practices
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, many people in low-income jobs have only one car in a family
and, in many instances, that one car is in need of maintenance and is
unreliable. Costs associated with owning an automobile can become a major
expenditure for a family. Volunteers, charitable organizations, and
faith-based organizations like local churches often find that they cannot
provide for the transportation of people dependent on public transportation
because the liability insurance required is too great a burden for the
private organization to pursue such endeavors.  

H.B. 2733 allows a volunteer, a charitable or faith-based organization, or
other private persons or companies who desire to help in the transport of
people in need of transportation, to do so under less costly liability
insurance limits as to the transportation it provides when contracted to a
local public transportation agency. 

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 101.001(3), Civil Practice and Remedies Code, to
redefine "governmental unit" to include a public transportation entity
operating under Subtitle K (Mass Transportation), Title 6 (Roadways),
Transportation Code. 

SECTION 2. Amends Section 101.023, Civil Practice and Remedies Code, by
adding Subsection (e), to provide that liability of a private entity,
including a faith-based or charitable organization, that provides
transportation services under a contract with a public transportation
entity operating under Subtitle K (Mass Transportation), Title 6,
Transportation Code, is limited to money damages in a maximum amount of
$100,000 for each person and $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. Amends Section 451.069, Transportation Code, to provide that the
liability of a private entity that provides transportation services under a
contract with an authority is limited as provided by Section 101.023(e)
(Limitation on Amount of Liability), Civil Practice and Remedies Code. 

SECTION 4. Amends Section 453.109, Transportation Code, by adding
Subsection (c), to provide that the liability of a private entity that
provides transportation services under a contract with a transit department
is limited as provided by Section 101.023(e), Civil Practice and Remedies
Code. 

SECTION 5. Amends Section 457.108, Transportation Code, by adding
Subsection (c), to make a conforming change. 

SECTION 6. Effective date: September 1, 1999.
Makes application of this Act prospective.

SECTION 7. Emergency clause.