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.