Journal of the Senate of the State of Texas, Regular Session of the Sixty-Fourth Legislature, Volume 2 Page: 1,545
1516-3186 p. ; 24 cm.View a full description of this legislative document.
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"(3) Only to the extent that such damages are not paid under a contract of
insurance.
"The benefits of this Act shall inure only to the officers and employees described
herein and shall not enlarge or diminish the rights of any other party. No payment by
the State of Texas under this Act shall be made if damages are found by the trial court
to have been proximately caused by the officer's or employee's willful and wrongful act
or gross negligence.
"Section 2. The Attorney General of Texas shall defend an officer or employee
of the Texas Department of Mental Health and Mental Retardation, the Texas
Department of Corrections, the Texas Youth Council, the Texas Department of Health,
and employees of the State of Texas institutions of Higher Education who are involved
in health related activities and who are not directly or indirectly compensated on a fee
for service basis (or their estates), in a cause of action covered by this Act. Any such
officer or employee against whom such civil action is brought shall deliver all process
served on him to his Department or Agency within ten days of such service. The
Attorney General is authorized to settle or compromise the portion of a lawsuit that
may result in liability covered by this Act.
"Section 3. The importance of this legislation and the crowded condition of the
calendars in both Houses create an emergency and an imperative public necessity that
the Constitutional Rule requiring bills to be read on three several days in each House be
suspended, and this Rule is hereby suspended, and that this Act take effect and be in
force from and after its passage, and it is so enacted."
The House amendments were read.
Senator Aikin moved to concur in the House amendments.
The motion prevailed by the following vote: Yeas 28, Nays 0.
Yeas: Adams, Aikin, Andujar, Braecklein, Brooks, Clower, Creighton,
Doggett, Farabee, Gammage, Hance, Harrington, Harris, Jones, Kothmann,
Lombardino, Longoria, Mauzy, Meier, Mengden, Ogg, Patman, Santiesteban,
Schwartz, Sherman, Snelson, Traeger and Williams.
Absent-excused: McKinnon,, McKnight and Moore.
SENATE BILL 204 WITH HOUSE AMENDMENTS
Senator Doggett called S.B. 204 from the President's table for consideration of
the House amendments to the bill.
The President laid the bill and the House amendments before the Senate.
COMMITTEE AMENDMENT NO. 1
Amend S.B. 204 by adding after the word "facilities" at the end of the present
Section 3.11 as follows:
"after approval under rules adopted by the Texas Board of Mental Health and
Mental Retardation, if any state funds are to be used for the purchase, lease, or
construction of buildings and facilities.".
COMMITTEE AMENDMENT NO. 2
Amend S.B. 204 line 11 by striking the words "mental health" between
"community" and "center".May 19, 1975
SENATE JOURNAL
1545
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Texas. Legislature. Senate. Journal of the Senate of the State of Texas, Regular Session of the Sixty-Fourth Legislature, Volume 2, legislative document, 1975; (https://texashistory.unt.edu/ark:/67531/metapth146007/m1/33/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.