HomeMy WebLinkAboutRes 95-04 Indemnifying Public Servants and Employees of the Town in Certain CircumstancesRESOLUTION NO. 95-4
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS, INDEMNIFYING PUBLIC SERVANTS AND EMPLOYEES OF THE TOWN IN
CERTAIN CIRCUMSTANCES; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the 74th Legislature of the State of Texas passed
H.B. 383 which limits the liability that public servants and public
employees will have to pay in damages to third parties in certain
circumstances provided that the public servant or employee is
indemnified by the local government; and
WHEREAS, the Board of Aldermen desires to indemnify its public
servants and employees, including its Mayor, Aldermen, members of
the Planning and Zoning Commission, members of affiliated or
related corporations such as the Westlake Development Corporation,
Texas Student Housing Authority, Texas Student Housing Corporation,
and any other related or affiliated corporation hereafter formed by
the Board of Aldermen, and other public officials; and
WHEREAS, the Board desires to affirm that the Town shall pay
actual damages awarded against any employee, public official, or
public servant in, accordance with the provisions of Section 102.002
of the Texas Civil Practices and Remedies Code; NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS THAT:
SECTION 1: The employees and public servants of the Town of
Westlake, Texas, including, but not limited to, the Mayor, members
of the Board of Aldermen, members of the Planning and Zoning
Commission, members and directors of the Westlake Development
Corporation, Texas Student Housing Authority, Texas Student Housing
Corporation, and any other related or affiliated corporation
hereafter formed by the Board of Aldermen, and other public
official of the Town of Westlake are hereby indemnified by the Town
of Westlake and the Town shall pay any actual damages awarded
against any such employee, public servant, or public official in
accordance with the provisions of Section 102.002 of the Texas
Civil Practices and Remedies Code (the "Act") for acts or omissions
that are covered by said Act.
SECTION 2: That this indemnification is intended to meet the
requirements of H.B. 383 passed by the 74th Legislature (1995)
which amends Sections 108.001 and 108.002 of the Texas Civil
Practices and Remedies Code and provides for a limit of liability
for public servants, public officials, and governmental employees
for damages in excess of $100,000 so that such public servants,
public officials, and governmental employees are not personally
liable for damages in excess of $1.00,000 arising from property
damages, personal injury, death, or deprivation of a right,
privilege, or immunity. This Resolution by the Board of Aldermen
of the Town of Westlake is the Town of Westlake's authorization to
indemnify under Chapter 102, Texas Civil Practice and Remedies Code
RESOLUTION NO. 95-4
Page Two (2)
for the purposes of meeting the requirements of Sections 108.002
(a)(1)(B) and 108.002(b)(1)(B), Texas Civil Practices and Remedies
Code.
SECTION 3: This Resolution becomes effective upon its passage
and approval.
PASSED AND APPROVED ON THIS 11TH DAY OF SEPTEMBER, 1995.
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ATTZST :
Carol Cal -ler, Deputy Town Secretary
APPROVED AS TO FORM:
Paul �Ci�sehain�,TT-o-w-n Attorney
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74th LEGISLATURE—REGULAR SESSION Ch. 139, 4
SECTION 3. Section 104.003(a), Civil Practice and Remedies Code, is amended to read as
follows.
(a) Except as provided by Subsection (c) or a specific appropriation, state liability for
indemnification under this chapter may not exceed:
(1) $100,000 to a single person and $300,000 for a single occurrence in the case of
personal injury, death, or deprivation of a right, privilege, or immunity; and
(2) $10,000 for a single occurrence of damage to property.
SECTION 4. Chapter 108, Civil Practice and Remedies Code, is amended to read as
follows:
CHAPTER 108. LIMITATION OF LIABILITY FOR PUBLIC SERVANTS
a
Sec. 108.001. DEFINITIONS [FII'IQI]. In this chapter:
(1) `Public [, "pabli ] servant" means a person who is:
(A) a public off cial elected or appointed to serve a governmental unit and acting in
that capacity when the act or omission on which the damages were based occurred,- or
(B) covered by Section 104.001 or Section 102.001.
(2) "Public servant" does not include an independent contractor, an agent or employee
.of an independent contractor, or another person who performs a contract for a unit of
government.
Sec. 108.002. LIMITATION OF LIABILITY. (a) Except in an action arising under the
constitution or laws of the United States, a [A] public servant, other than a provider of health
care as that term is defined in Section 108.002(c), is not personally liable for damages in
excess of $100,000 arising from personal injury, death, or deprivation of a right, privilege, or
immunity if
(1) the damages [to the extent that tae- state is liahl„ for inde rifle tion ,ander cogtio.,
mat] are the result of an act or omission by the public servant in the course and
scope of the public servant's office, employment, or contractual performance for or service
on behalf of a state agency, institution, [sr] department, or local government; and
(2) for the amount not in excess of $100,000, the public servant is covered:
(A) by the state's obligation to indemnify under Chapter 101; .
(B) by a local government's authorization to indemnify under Chapter 102;
(C) by liability or errors and omissions insurance; or
(D) by liability or errors and omissions coverage under an interlocal agreement.
(b) Except in an action arising under the constitution or laws of the United States, a
public servant, other than a provider of health care as that term is defined in Section
108.002(c), is not liable for damages in excess of $100,000 for property damage if•
(1) the damages are the result of an act or omission by the public servant in the course
and scope of the public servant's office, employment, or contractual performance for or
service on behalf of a state agency, institution, department or local government; and
(2) for the amount not in excess of $100,000, the public servant is covered:
(A) by the sfate's obligation to indemnify render Chapter ini
x- (B) by a local government's authorization to indemnify under Chapter 102,
(C) by liability or errors and omissions insurance; or
(D) by liability or errors and omissions coverage under an interlocal agreement.
(c) A provider of health care in Sections 108.002(a) and (b) is one of the following licensed
health can providers:
(1) physicians;
(2) psychiatrists;
(3) pharmacists,
(4) registered nurses;
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