Relating to liability of persons performing housing or rental inspections for a municipality

This bill modifies the definition of “employee” for purposes of Code chapter 670 (tort liability of governmental subdivisions) to include a person performing a housing or rental inspection for a municipality. Under Code chapter 670, a municipality is liable for the torts of the municipality’s officers and employees acting within the scope of their employment or duties, whether arising out of a governmental or proprietary function. An employee subject to a claim brought under Code chapter 670 has qualified immunity and is not liable for monetary damages if certain circumstances apply, including when the right allegedly violated was not clearly established at the time of the employee’s conduct or when a court has issued a final decision determining that the specific conduct was lawful. 20 (rights of employee exclusive). However, an employee is not liable for punitive damages for acts that are in the performance of a duty, unless actual malice or willful, wanton, and reckless misconduct is proven.