HBA-EVB H.B. 3834 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3834
By: Gray
Civil Practices
4/24/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a conflict exists between state and federal law regarding the
classification of juvenile board members and employees in some matters of
civil liability. Federal law designates juvenile board employees as county
employees and thus the responsibility of the county for purposes of
liability, indemnification, and defense. However, state law designates
these same employees as employees of the state, for all civil liability
except for liability in the state labor code (employment discrimination).
H.B. 3834 eliminates this discrepancy and designates juvenile board
employees, in Galveston County, as state employees, and thus, the
responsibility of the state for liability, indemnification, and defense in
all matters of civil liability, including employment discrimination. 

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 Subchapter D, Chapter 152, Human Resources Code, by
adding Section 152.0904, as follows: 

Sec. 152.0904. LIABILITY; INDEMNIFICATION AND DEFENSE BY STATE.  (a)
Provides that a member of the juvenile board of Galveston County is a
member of a governing board of a state agency for the purposes of Chapter
104 (State Liability for Conduct of Public Servants), Civil Practice and
Remedies Code; a complaint or civil action brought in accordance with
Chapter 21 (Employment Discrimination), Labor Code; or a complaint or civil
action filed to enforce a right guaranteed by the United States
Constitution or federal law. 

(b) Provides that an employee of the juvenile board of Galveston County is
a state employee for the purposes of a complaint or civil action brought in
accordance with Chapter 21, Labor Code; or a complaint or civil action
filed to enforce a right guaranteed by the United States Constitution or
federal law. 

SECTION 2. Makes application of Section 152.0904, Human Resources Code, as
added by this Act prospective. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.