Relating to the liability of the state for a violation of the federal Americans with Disabilities Act.
Impact
One of the key provisions of SB296 involves waiving the state's sovereign immunity, which traditionally protects the state from being sued without its consent. This waiver permits claims in state or federal court related to the ADA, thereby expanding the legal recourse available to individuals who may have faced discrimination. However, the bill stipulates certain limitations, notably that it does not mandate the state to provide personal disability devices or significant accommodations if such actions would lead to undue burdens or fundamental alterations in service.
Summary
Senate Bill 296 seeks to establish the liability of the state of Texas in cases of violations concerning the federal Americans with Disabilities Act (ADA). The bill aims to amend the Civil Practice and Remedies Code by introducing Chapter 112, which specifically addresses the circumstances under which the state's sovereign immunity can be waived, allowing individuals to bring lawsuits against the state government for ADA violations. The bill symbolizes an important shift in the relationship between the state and its obligations toward individuals with disabilities, particularly in the realm of employment discrimination.
Contention
While SB296 introduces significant changes, it does come with notable points of contention. The bill limits the amount of damages that can be awarded to individuals claiming employment-related discrimination, capping compensation at $250,000 per person and $500,000 for each occurrence. This limitation is likely to provoke debate regarding the adequacy of the funding available for individuals who may suffer significant harm due to discrimination. Furthermore, critics may argue that while the bill improves access to legal remedies, it may not fully address the needs of individuals with disabilities in all contexts.
Relating to the regulation of child-care facilities and registered family homes, including the provision of services to children with disabilities or special needs.
Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.
Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.
Relating to the establishment of the Texas Students with Disabilities Scholarship Program for certain students at public institutions of higher education.