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S.B. No. 442
AN ACT
relating to immunity from liability for certain civil actions and
civil actions against sales agents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 466, Government Code, is
amended by adding Section 466.161 to read as follows:
Sec. 466.161. IMMUNITY; CIVIL ACTIONS. (a) A sales agent
acting in good faith is immune from civil liability for an act or
omission within the course and scope of the agent's license under
this chapter.
(b) This section does not waive any immunity of the
commission or this state.
(c) This section does not create a cause of action against
this state, the commission, a commission employee, or a sales
agent.
(d) The immunity provided by Subsection (a) does not apply
to a cause of action for personal injury or wrongful death.
SECTION 2. Section 466.161, Government Code, as added by
this Act, applies only to a civil action filed on or after the
effective date of this Act. A civil action filed before the
effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 442 passed the Senate on
April 21, 2005, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 442 passed the House on
May 25, 2005, by the following vote: Yeas 143, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor