S.B. No. 442

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