HBA-NRS H.J.R. 22 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 22
By: Wilson
Civil Practices
4/3/2001
Introduced



BACKGROUND AND PURPOSE 

Current law establishes sovereign immunity from suit for the state and each
political subdivision of this state. House Joint Resolution 22 authorizes a
person to sue this state, an agency, political subdivision, or agency of a
political subdivision of this state for damages in the same manner that the
person is authorized to sue a private party or entity, except as provided
by the legislature, and includes a temporary provision relating to the
Texas A&M bonfire tragedy. 

RULEMAKING AUTHORITY

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

ANALYSIS

House Joint Resolution 22 amends the Texas Constitution to waive and
abolish the sovereign immunity to suit and to liability of this state and
of each political subdivision of this state. The resolution authorizes a
person to sue this state, an agency, political subdivision, or agency of a
political subdivision of this state for damages in the same manner that the
person is authorized to sue a private party or entity, except as provided
by the legislature, without regard to whether the person's claim is based
on tort or contract principles or is established under the common law or by
statute.   
The resolution authorizes the legislature to establish immunity from suit
for this state or any agency of this state, and to limit the liability of
this state, any agency, political subdivision, or  agency of a political
subdivision of this state. If the legislature exercises the authority to
grant immunity or limit liability, the resolution authorizes the
legislature to establish a procedure to waive immunity from suit with
respect to a specific claim or waive or modify any limit on liability with
respect to a specific claim. The resolution provides that notice of the
intention to apply for a special law in accordance with the Texas
Constitution is not required for enactment of a special law pertaining to
either waived immunity from suit or waived or modified limitations on
liability with respect to a specific claim.  

The resolution includes a temporary provision which provides that
abolishment and waiver of sovereign immunity to suit and to liability
applies only to a claim with respect to a cause of action that accrues on
or after November 18, 1999, and applies specifically to the claims of any
person who, absent the doctrines of sovereign immunity from suit and from
liability as they existed before enactment of the amendment, would have
been entitled to bring an action for damages for bodily injury or death
sustained as a result of the Texas A&M bonfire tragedy that occurred on
November 18, 1999. To be valid, an action with respect to a claim that
accrued before November 6, 2001, must be filed not later than November 6,
2002. The temporary provision expires December 31, 2003.  

FOR ELECTION

This proposed constitutional amendment shall be submitted to voters at an
election to be held November 6, 2001.