HBA-TBM H.B. 3078 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3078
By: Clark
Civil Practices
4/3/2001
Introduced



BACKGROUND AND PURPOSE 

In 2000, the Texas Supreme Court ruled in Texas Department of
Transportation v. Luke W. Able, et. al that, under current statutes, if the
state is in a joint enterprise with another entity, the state can be held
liable for the other entity's negligence, even though neither the state nor
its employees were negligent.  Joint enterprises are very common among
governmental entities.  A typical example is when a state highway passes
through a city.  According to the supreme court, if the state negligently
allows a known defect to remain in the highway, the city will be liable
even though the contract forbids the city from performing maintenance on
the highway.  House Bill 3078 provides that vicarious liability due to
participation in a joint enterprise does not apply to a governmental unit
for a tort claim.   

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. 

ANALYSIS

House Bill 3078 amends the Civil Practice and Remedies Code to provide that
the common law doctrine of vicarious liability because of participation in
a joint enterprise does not impose liability on a governmental unit for a
tort claim.   

EFFECTIVE DATE

September 1, 2001.