A. Statutory Construction
In construing statutes, our primary objective is to give effect to the Legislature's intent. Tex. Lottery Comm'n v. First State Bank of DeQueen ,
We read statutes contextually to give effect to every word, clause, and sentence, Melden & Hunt, Inc. v. E. Rio Hondo Water Supply Corp. ,
The plain language of Civil Practice and Remedies Code section 101.023 and Transportation Code section 452.056, each standing in isolation, is fairly easily understood. What is unclear in this case is the meaning of the two statutes read together. When interpreting each provision, we must consider the statutory scheme as a whole. 20801, Inc. v. Parker ,
B. Immunity
"Sovereign immunity protects the State from lawsuits for money damages." Reata Constr. Corp. ,
Policy justifications for immunity-and by extension, for limitations on waivers of immunity-revolve around protecting the public treasury. Brown & Gay Eng'g, Inc. v. Olivares ,
This Court has historically taken a function-based approach to governmental immunity-when the parameters of whether an entity is a "governmental unit" are unclear, we distinguish between an entity performing a governmental function and one performing a proprietary function, affording immunity to the former but not the latter. E.g. , Wheelabrator Air Pollution Control, Inc. v. City of San Antonio ,
Furthermore, while granting immunity has traditionally been the province of the judiciary, the Legislature has the power to change the common law classifications of certain functions as proprietary or governmental, even when doing so has the effect of extending immunity from suits that could have been maintained at common law. City of Tyler v. Likes ,
C. Section 101.023
In Texas, governmental immunity has two components: immunity from liability, which bars enforcement of a judgment against a governmental entity, and immunity from suit, which bars suit against the entity altogether. Tooke v. City of Mexia ,
Of course, these principles alone do not resolve the issue at hand. Rodriguez argues that applying the $100,000 damages cap to separate defendants individually does not expand the liability of a regional transportation authority, because the authority's liability remains capped at $100,000 regardless of the number of defendants sued. We turn next to Transportation Code section 452.056 to analyze the two statutes in conjunction with one another.
D. Section 452.056(d)
The 1987 amendments to the TTCA reclassified public transportation systems, which were previously proprietary functions, as governmental functions, thereby placing them within the bounds of governmental immunity, but also subjecting them to the limited waiver of immunity in TTCA section 101.021(1)(A) and the damages cap in section 101.023. See TEX. TRANSP. CODE § 452.052 ("[T]he operations of the authority are not proprietary functions for any purpose, including the application of Chapter 101, Civil Practice and Remedies Code."); Salvatierra v. Via Metro. Transit Auth. ,
The Transportation Code explicitly allows a transportation authority to contract with private operators for functions involved in operation of its public transportation system. TEX. TRANSP. CODE § 452.056(a)(3). It also addresses the liability consequences for the private operator:
A private operator who contracts with an authority under this chapter is not a public entity for purposes of any law of this state except that an independent contractor of the authority that ... performs a function of the authority ... is liable for damages only to the extent that the authority or entity would be liable if the authority or entity itself were performing the function.
As a preliminary matter, we note that the Legislature has not purported to grant immunity or extend it to independent contractors under chapter 452. Indeed, neither "governmental status" nor "immunity" appears in the statute. See TEX. TRANSP. CODE § 452.056(d) ; cf. TGS-NOPEC Geophysical Co. v. Combs ,
With respect to liability, the Legislature has created a limited exception to the general rule that an independent contractor is not a public entity for any purpose. See TEX. TRANSP. CODE § 452.056(d) ("A private operator who contracts with an authority under this chapter is not a public entity for purposes of any law of this state except ....") (emphasis added); Except , THE AMERICAN HERITAGE DICTIONARY OF THE ENGLISH LANGUAGE (5th ed. 2016) ("with the exclusion of; other than; but," or "to leave out; exclude"). Based on the plain language of the statute, this exception is tied to the function performed by the contractor and limits the contractor's liability. See TEX. TRANSP. CODE § 452.056(d) (" ... except that an independent contractor of the authority that ... performs a function of the authority ... is liable for damages ....") (emphasis added). Thus, the Legislature has instructed that, for the purpose of liability, an independent contractor performing the function of an authority under this chapter should be treated as if it were the governmental unit performing that function.
Our construction is consistent with our recent decision in Brown & Gay Engineering , in which we declined to extend immunity to independent contractors under other provisions of the Transportation Code. See
We address that question now, and we hold that section 452.056 does not amount to a legislative grant or extension of immunity to private contractors.
*843TEX. TRANSP. CODE § 452.056(d). This limit is buttressed by the Legislature's designation of chapter 452 functions as "essential governmental functions" that are "matter[s] of public necessity."
While the statute does use the singular "a private operator" performing "a function," this language designates who is entitled to the statute's protection.
FWTA's liability is limited by section 101.023's damages cap to $100,000. TEX. CIV. PRAC. & REM. CODE § 101.023. Rodriguez takes the position that FWTA, MTA, and MTI each performed separate functions and are therefore each liable up to their own, separate $100,000 caps; however, this interpretation is inconsistent both with Rodriguez's pleadings and with the plain language of the statute. Under the contract, MTA agreed to employ a Director of Transportation Services, who was responsible for "the overall management and operation of all components of the FWTA's Operating Functions." MTI agreed to "employ all necessary and appropriate personnel" and to "procure all other goods and services reasonably necessary and useful to manage and operate the FWTA's public transportation system." Neither entity, acting alone, performed all of the services necessary to operate FWTA's bus transportation system. Rodriguez asserted that FWTA, MTA, and MTI collectively "owned, operated, managed, and/or controlled the bus transportation system operating in Fort Worth" and that they "were engaged in a joint enterprise or joint venture to operate and/or maintain such bus transportation system" and "comprised and constituted a single business enterprise in such regard," even going so far as to assert joint and several liability. Thus, we must consider how section 452.056(d)'s liability limits apply when independent contractors act jointly in operating a public transportation system. Here, if FWTA had itself performed each function involved in the operation of the bus transportation system, its liability would still be limited to a maximum of $100,000.
The inclusion of the word "only" reinforces our understanding of how the Legislature intended to limit the liability of independent contractors under Chapter 452 when they are performing functions of the government. See TEX. TRANSP. CODE § 452.056(d) ("[A]n independent contractor of the authority that ... performs a function of the authority ... is liable for damages only to the extent that the authority or entity would be liable if the authority or entity itself were performing the function."). "Only" is a term of limitation. Hallmark Mktg. Co. LLC v. Hegar ,
Although we always presume that the Legislature chooses each word intentionally, ExxonMobil Pipeline ,
We interpret statutes according to the language the Legislature used, absent a context indicating a different meaning and unless the plain meaning yields absurd or nonsensiscal results. Molinet v. Kimbrell ,
Rodriguez argues that while MTA and MTI are each entitled to limited liability, the statute allows a plaintiff to sue different entities for different causes of action arising from the same event and collect damages from each entity separately, up to their respective cap.
We hold that the liability of any number of independent contractors performing essential governmental functions for an authority under chapter 452 is limited to a single damages cap under the TTCA. Thus, FWTA, MTA, and MTI are cumulatively liable up to a single $100,000 damages cap.
IV. Election of Remedies
Rodriguez seeks to collect $5 million in damages from the bus driver, Vaughn, arguing that as an employee of a private contractor, she is not protected by the TTCA's election-of-remedies provision. We disagree. As discussed above, we concluded that MTA and MTI can be liable "only to the extent that [FWTA] would be liable" if FWTA itself operated its own bus transportation system. See *846TEX. TRANSP. CODE § 452.056(d). Therefore, we consider FWTA's potential liability with respect to an employee acting within the scope of her employment.
Under the TTCA, a governmental unit is liable for injuries caused by "the wrongful act or omission or the negligence of an employee acting within his scope of employment if: (A) the [injury] arises from the operation or use of a motor-driven vehicle ... ; and (B) the employee would be personally liable to the claimant according to Texas law." TEX. CIV. PRAC. & REM. CODE § 101.021(1). Thus, the very language of the statute suggests that an employee is not personally liable in this context. See
This provision was incorporated into the TTCA to prevent plaintiffs from circumventing the TTCA's damages cap by suing government employees, who were, at that time, not protected. Garcia ,
Notably, Rodriguez has not alleged that Vaughn acted independently and is thus solely liable. Instead, she has asserted that Vaughn acted within the scope of her employment such that the Transit Defendants collectively are vicariously liable for her alleged negligence, if proven, under the doctrine of respondeat superior. Under our law, the doctrine of respondeat superior makes a principal liable for the conduct of its employee or agent. F.F.P. Operating Partners, L.P. v. Duenez ,
Transportation Code section 452.056 creates a limited exception to the general rule that an independent contractor is not a public entity for any purpose-that is, for the purpose of liability, an independent contractor performing a function of an authority under chapter 452 should be treated as if it were the governmental unit performing that function. TEX. TRANSP. CODE § 452.056(d) ; Brown & Gay Eng'g ,
This is not the first time we have, for the purpose of the TTCA, treated an employee of a private entity as an employee of the government when that employee was performing a governmental function. See, e.g. , Klein v. Hernandez ,
The same reasoning applies equally in this case. We have already explained that the Legislature intended to encourage and facilitate transportation authorities' contracting with independent contractors for the operation of all or part of their public transportation systems, and that the use of such independent contractors does not change the liability exposure for the performance of those services. See TEX. TRANSP. CODE § 452.056. We have also recognized that the purpose of the election-of-remedies provision was to prevent plaintiffs from circumventing the TTCA's damages cap by suing government employees. See Garcia ,
The extent of FWTA's liability is limited by the damages-cap provision and by the election-of-remedies provision. Under section 452.056, MTA and MTI are treated as the government for the purpose of liability, meaning that they are liable only to the extent that FWTA would be liable. Echoing Klein , if Vaughn had been employed directly by FWTA, she would be entitled to protection under the TTCA's election-of-remedies provision. That MTI provided Vaughn's services to FWTA makes no difference under section 452.056, which affords MTA and MTI the same liability limit as a governmental unit. See TEX. TRANSP. CODE § 452.056. Thus, we hold that an employee of an independent contractor performing an essential governmental function under Transportation Code chapter 452, who is acting within the scope of her employment, is afforded protection under the TTCA's election-of-remedies provision as if she were an employee of the government.
Finally, we address Rodriguez's argument that Vaughn was not acting within the scope of her employment because she was driving negligently. The purpose of TTCA section 101.106 is to protect employees performing governmental functions within the scope of their employment. See Laverie v. Wetherbe ,
The scope-of-employment analysis, therefore, remains fundamentally objective: Is there a connection between the employee's job duties and the alleged tortious conduct? The answer may be yes even if the employee performs negligently or is motivated by ulterior motives or personal animus so long as the conduct itself was pursuant to her job responsibilities.
*849Laverie ,
Certainly, there might be a different result if Vaughn had been acting outside the scope of her employment (for example, by driving a route other than what was prescribed). E.g. , Goodyear Tire & Rubber Co. v. Mayes ,
V. Attorney's Fees
Rodriguez and New Hampshire Insurance both argue that the Transit Defendants waived the issue of attorney's fees by not preserving it in their petition for review. We disagree. A petition for review must state all issues or points presented for review, and issues not presented in the petition for review are waived. TEX. R. APP. P. 53.2(f) ; Guitar Holding Co., L.P. v. Hudspeth Cty. Underground Water Conservation Dist. No. 1 ,
The Transit Defendants raised the issue of attorney's fees in their petition for review briefly in the prayer:
Petitioners ask this Court to reverse the judgment of the court of appeals and render an award of reasonable and necessary attorneys fees which have been established as a matter of law or ... to reverse the judgment of the court of appeals and remand this case to the trial court on the sole issue of Petitioners' attorneys fees.
"We liberally construe issues presented to obtain a just, fair, and equitable adjudication of the rights of the litigants." Kachina Pipeline Co., Inc. v. Lillis ,
Having determined that the issue was not waived, we turn to the merits *850of the Transit Defendants' request for attorney's fees. The Transit Defendants argue that they are entitled to reasonable attorney's fees on the basis of their interpleader action. We review a trial court's award of attorney's fees for an abuse of discretion. Ragsdale v. Progressive Voters League ,
Texas law recognizes that disinterested stakeholders should be afforded a method by which they are able to proceed when they are subjected to conflicting claims. Taliaferro v. Tex. Commerce Bank ,
In Rodriguez's motion for partial summary judgment, she asserted that there was no evidence that MTI had unconditionally tendered funds into the registry of the court, that it was exposed to double or multiple liability, or that it was an innocent, disinterested stakeholder. The Transit Defendants alleged that the interpleader was filed with the belief that the statutory limit under the TTCA applied cumulatively, such that $100,000 was the maximum liability for all of the defendants combined. Thus, the two separate lawsuits filed by New Hampshire Insurance and Rodriguez potentially subjected MTI to double liability. The Transit Defendants explain the year-long gap between the filing of Rodriguez's suit and the filing of the interpleader by pointing to continued settlement efforts with New Hampshire Insurance and Rodriguez.
The fact that the two cases were consolidated and New Hampshire Insurance ultimately nonsuited its claims is irrelevant to our determination of whether the interpleader was proper. On this question, we are persuaded by federal cases holding that interpleader jurisdiction is determined at the time the interpleader complaint is filed. See Auto Parts Mfg. MS, Inc. v. King Constr. of Houston, L.L.C. ,
A proper interpleader action requires that the interpleading party has *851unconditionally tendered the fund or property at issue into the court's registry. Gumfory ,
Moreover, even if the Transit Defendants' tender had been unconditional, we have held that attorney's fees in an interpleader are available only to an innocent, disinterested stakeholder. Ray Thomas Gravel Co. ,
"When the interpleading party is responsible for the conflicting claims to the funds or property, that party is not entitled to attorney's fees incurred in interpleading the claimants." Brown v. Getty Reserve Oil, Inc. ,
However, we agree with Rodriguez's argument that the Transit Defendants-as the parties who are alleged to *852have negligently caused the damage-are not innocent, disinterested stakeholders. Although this Court has not defined "innocent, disinterested stakeholder," Black's Law Dictionary defines each of these terms. See Innocent, BLACK'S LAW DICTIONARY (10th ed. 2014) ("free from legal fault"); Disinterested ,
Even absent the defensibility assertion, the Transit Defendants' position as the alleged tortfeasors prevents them from being a "disinterested stakeholder." Texas courts have held, for example, that interpleader is proper to protect an insurance company facing competing claims over benefits. See, e.g. , Cable Commc'n Network, Inc. v. Aetna Cas. & Sur. Co. ,
[It's] the same thing as if I'm driving down the street on the way home today and I hit a car with two people in it and I injure the driver and I injure the passenger. And they turn around to me and they say ["]We're both going to sue you for money.["] I've only got [ ] $1,000. I can't give you more than [$]1,000. That's all I have, and I have no insurance. Okay. ["]Well,["] driver says, ["]I want $1,000["]; passenger says ["]I want $1,000.["] I'm like, ["]conflicting claims. I'm going to interplead this to the court. Judge, I'm interpleading it. I'm an attorney. It costs me [ ] $1,000 to do that, so I'll take the $1,000 back. Sorry, guys, you get nothing.["]
Interpleader is not a vehicle to allow an interested party-an alleged tortfeasor/defendant-to escape the burdens of litigation. We therefore affirm the part of the court of appeals' judgment that the Transit Defendants are not entitled to attorney's fees, but on different grounds.
VI. Conclusion
We hold that the TTCA's damages cap applies cumulatively when independent contractors perform essential governmental functions for a transportation authority under Transportation Code chapter 452. See TEX. CIV. PRAC. & REM. CODE § 101.023 ; TEX. TRANSP. CODE § 452.056. The plain language of section 452.056 is clear that an independent contractor operating a public transportation system on behalf of a regional authority shall be treated as the government for liability purposes; therefore, that contractor can be liable only to the extent that the authority would be liable if it were performing the same function. MTA and MTI thus are entitled to the same limitation on liability as the governmental unit would be if it performed that function. If FWTA were operating its own bus transportation system, its liability would be limited to a maximum of $100,000. The Transit Defendants' cumulative liability is likewise limited to one $100,000 cap. We further hold that section 452.056 brings Vaughn under the protection of the TTCA's election-of-remedies provision. See TEX. CIV. PRAC. & REM. CODE § 101.106. Finally, we hold that the Transit Defendants' interpleader was improper. They were not innocent, disinterested stakeholders in the litigation, and therefore are not entitled to attorney's fees based on their attempted interpleader. For the reasons expressed above, we reverse the judgment of the court of appeals in part and reinstate the judgment of the trial court as to the damages-cap and election-of-remedies issues. We affirm the court of appeals' denial of attorney's fees but on different grounds, and we affirm the remand to the trial court for further proceedings, but consistent with this Court's opinion.
Justice Johnson filed a dissenting opinion, in which Justice Lehrmann and Justice Boyd joined.
Justice Blacklock did not participate in the decision.
JOHNSON, joined by JUSTICE LEHRMANN and JUSTICE BOYD, dissenting.
Assuming McDonald Transit Associates, Inc. (MTA) and McDonald Transit, Inc. (MTI) are governmental entities for purposes of liability as the Court says they are, in my view, Rodriguez is correct that under the Texas Tort Claims Act (1) her damages are not cumulative as to Fort Worth Transportation Authority (FWTA), MTA, and MTI, so her potential recovery against all three is not limited to $100,000; and (2) her suit against Vaughn is not *854barred. I respectfully dissent from the Court's conclusions otherwise and its judgment based on those erroneous conclusions.
I. The Statutes
Under the Texas Tort Claims Act (TTCA), the Legislature has, in part, waived a governmental unit's immunity as to injuries or death arising from the operation or use of a motor-driven vehicle. TEX. CIV. PRAC. & REM. CODE § 101.021. As relevant to this matter, the waiver allows damages of up to $100,000 per person to be recovered from a unit of local government.
The Transportation Code purports to limit the liability of certain private operators who contract with and perform functions of regional transportation authorities:
A private operator who contracts with an authority under this chapter is not a public entity for purposes of any law of this state except that an independent contractor ... that ... performs a function of the authority ... is liable for damages only to the extent that the authority or entity would be liable if the authority or entity itself were performing the function ....
TEX. TRANSP. CODE § 452.056(d) (emphasis added).
II. Discussion
A. The Entities
I agree with the Court that by enacting section 452.056, the Legislature did not attempt to grant private contractors immunity from damages. Rather, it attempted to limit the extent of their liability. Ante at 841-42. Rodriguez does not challenge the Legislature's authority to limit the liability of MTI and MTA, but she asserts that nothing in the language of section 452.056 limits her potential recovery from the three entities involved-FWTA, MTA, and MTI-to a cumulative total of $100,000. The Court concludes otherwise. It says that because of the statute, "the liability of independent contractors performing essential governmental functions is limited to a single damages cap under the TTCA." Ante at 845. However, the statutory text does not support that conclusion.
The Court looks to the functions performed by MTA and MTI and concludes that they acted jointly in operating the public transportation system. The Court then concludes that the damages cap applies cumulatively because FWTA's liability would be limited to $100,000 if it had performed all of the functions necessary to operate the transportation system, including those performed by MTA, MTI, and their employees. And while the Court may be correct regarding the extent of FWTA's liability if it itself had performed all the activities relevant to Rodriguez's claim, section 452.056 does not limit the liability of individual independent contractors, such as MTA and MTI, based on the functions they contracted to perform. Although the language of the statute limits a private operator's liability when it performs a function of an authority, the limit applies to "an independent contractor." TEX. TRANSP. CODE § 452.056(d) (emphasis added). MTA is an independent contractor performing functions of FWTA. So is MTI. Applying the statute to each as "an independent contractor" yields the result that each is liable for damages to the extent FWTA would be liable had it performed "the function." Nothing in the statute provides *855that if multiple private operators have contracted with an authority, then either their functions must be considered to determine whether those functions are joint or the total of their liabilities is in any way combined.
The Court concludes that "the Legislature has instructed that, for the purpose of liability, an independent contractor performing the function of an authority ... should be treated as if it were the governmental unit performing that function." Ante at 846. Contrary to the Court's statement, though, nothing in the language of section 452.056(d) either explicitly or implicitly "instructs" that such an independent contractor should be treated as a governmental entity.
In construing statutes, we strive to give effect to the Legislature's intent, looking for that intent first and foremost in the plain language of the statute. Lippincott v. Whisenhunt ,
The Court continues by concluding that applying the TTCA damages cap to each individual contractor would essentially multiply the cap and run counter to the Legislature's intent to limit the government's liability and encourage the use of independent contractors. Ante at 845. But as explained above, the Legislature explicitly chose not to treat private operators as governmental entities. TEX. TRANSP. CODE § 452.056(d). And limiting the liability of each individual contractor to $100,000, the amount for which FWTA could be liable under the TTCA, will still result in limited liability for FWTA. Moreover, there is nothing in this record hinting that limiting the liability of independent contractors to $100,000 each will discourage contractors from bidding on government contracts or discourage governmental entities from using contractors when appropriate. To the contrary, experience and common sense instruct otherwise. There is no shortage of independent contractors willing to bid on and perform government contracts.
In Brown & Gay Engineering, Inc. v. Olivares , we recently considered whether to extend the protections of immunity to private contractors.
*856In this case, we should follow the principles we expressed in Brown & Gay Engineering. While the Court concludes that section 452.056 does not attempt to extend full immunity to private contractors, it also concludes that it could not have been the Legislature's intent to allow a transportation authority's use of independent contractors to result in an increase in the amount of a recovery under the TTCA. Ante at 845. But applying the damages cap to MTA and MTI individually does not expand the liability of FWTA under the TTCA. It is one thing to protect governmental entities and the public fisc from judgments. It is another to limit the liability of a private party and thereby shift the burden of injury from the tortfeasor to the injured person just because the tortfeasor was performing a governmental function when it caused the injury. The organizational model of FWTA, MTA, and MTI as independent entities did not come about by happenstance. Indeed, it would blink reality to even think that the three entities, with their intricate divisions of responsibilities, liabilities, and relationships, were the result of other than careful planning and documentation. In some tangential way, the public fisc may be affected where private contractor tortfeasors can be sued by persons they injure because the contractor's bid price likely will include some amount for liability insurance premiums and related costs. See Brown & Gay Engineering ,
B. The Bus Driver Employee
The Court next concludes that "for the purpose of liability, an independent contractor performing essential governmental functions under chapter 452 of the Transportation Code shall be treated as the government; therefore, the employees of such an independent contractor are to be treated as employees of the government for purposes of liability."Ante at 847. Of course, the TTCA would not apply to Leshawn Vaughn and would not even be part of the discussion if she were not employed by a governmental unit. And as noted above, I disagree with the Court that MTA and MTI either are, or should be treated as, governmental units. But, even given the Court's mistaken conclusion regarding their status and treatment, the Court errs in its analysis regarding whether the TTCA's election of remedies provision applies to Vaughn.
The TTCA provides that "[t]he filing of a suit under this chapter against a governmental unit constitutes an irrevocable election by the plaintiff and immediately and forever bars any suit or recovery by the plaintiff against any individual employee of the governmental unit regarding the same subject matter." TEX. CIV. PRAC. & REM. CODE § 101.106(a). But the Act specifically excludes employees of independent contractors from the definition of "employee."
In disregarding the plain statutory language as to Vaughn, the Court relies on Klein v. Hernandez ,
C. Constitutionality
This appeal does not present the question of constitutionality of section 452.056(d)'s language limiting the liability of private operators who contract with a transportation authority. I point out, though, that the Texas Constitution expressly addresses the Legislature's authority to limit a party's liability. TEX. CONST. art. III, § 66. The effect of that provision's adoption and its language is an important issue that will at some point have to be addressed.
III. Conclusion
I would affirm the judgment of the court of appeals holding that (1) Rodriguez's claim is not limited to a single cumulative total recovery of $100,000 from defendants FWTA, MTA, and MTI; and (2) Rodriguez's claim as to Vaughn is neither subject to dismissal under, nor limited in amount by, the TTCA.
The original damages-cap language read, "Liability hereunder shall be limited to $100,000 per person ...." Tex. Rev. Civ. Stat. art. 6252-19, § 3 (1970), repealed by Act of 1985, 69th Leg., ch. 959, § 9(1), eff. Sept. 1, 1985 (emphasis added). The current version replaced this language with "$100,000 for each person ." Tex. Civ. Prac. & Rem. Code § 101.023(b).
We do not answer the broader question of whether the Legislature in fact has authority to confer (as opposed to waive) immunity. See LTTS Charter Sch., Inc. v. C2 Constr., Inc. ,
In this way, section 452.056 is not dissimilar from statutes that limit the liability of health care providers, e.g. , Tex. Civ. Prac. & Rem. Code § 41.0105 ("[R]ecovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant."), which is specifically authorized by the constitution. Tex. Const. art. III, § 66 ("[T]he legislature by statute may determine the limit of liability for all damages and losses, however characterized, other than economic damages, of a provider of medical or health care with respect to treatment, lack of treatment, or other claimed departure from an accepted standard of medical or health care.").
To provide a concrete example: If FWTA handled all functions involved in operating the Fort Worth bus transportation system-including route design, scheduling, hiring and supervision of drivers, bus maintenance, accounting and budgeting, marketing, public relations, etc.-its liability would be limited to $100,000. If FWTA performed only one function-route design, for example-and outsourced the rest, its liability would still be limited to $100,000. Thus, FWTA's liability is collective as to all functions. The liability limit for independent contractors is likewise collective because damages are capped at the amount FWTA would incur, and under section 101.023, FWTA's liability for any number of functions cannot exceed $100,000.
The bill that was adopted read, in relevant part: "If an independent contractor of the authority is performing a function of the authority, the contractor is liable for damages to the extent that the authority would be liable if the authority itself were performing the function." H.B. 1453, 70th Leg., R.S. (1987). The rejected version included "only": "Insofar as any independent contractor of the authority is performing any function of the authority, such contractor shall be liable for damages only to the extent the authority would be liable were the authority itself performing such action." H.B. 2400, 70th Leg., R.S. (1987) (emphasis added).
Of course, our general rule is that extrinsic aids, including legislative history, are inappropriate "to construe" an unambiguous statute. E.g. , Melden & Hunt, Inc. ,
Both parties support their proposed construction of the relevant statutes with Tarrant Cty. Water Control & Improvement District No. 1 v. Crossland ,
Of course, the cumulative application of the damages cap requires the defendants to sort out their respective shares of liability and damages; thus it is akin to joint and several liability. Cf. Am. Star Energy & Minerals Corp. v. Stowers ,
Rodriguez argues that this reasoning is inconsistent with Castro v. Cammerino ,
Because the Transit Defendants are not disinterested stakeholders, we need not decide here what "innocent" means in this context.
The court of appeals held that the Transit Defendants did not provide sufficient evidence of the legal work they had done to support their requested attorney's fees under the lodestar method. 546 S.W.3d at ----. It held that the Transit Defendants "requested" the lodestar method at the hearing on attorney's fees, when one of the Transit Defendants' attorneys was asked if he was basing his fee request on the lodestar method and he answered, "I assume so."