Texas 2009 - 81st Regular

Texas House Bill HB849 Compare Versions

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Old	New	Differences
1	1	81R27302 AJA-D
2	2	By: Strama, Rose, et al. H.B. No. 849
3	3	Substitute the following for H.B. No. 849:
4	4	By: Hughes C.S.H.B. No. 849
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the liability of the state for a violation of the
10	10	federal Americans with Disabilities Act.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 5, Civil Practice and Remedies Code, is
13	13	amended by adding Chapter 112 to read as follows:
14	14	CHAPTER 112. LIABILITY OF STATE UNDER CERTAIN FEDERAL LAWS
15	15	Sec. 112.001. DEFINITION. In this chapter, "state
16	16	government" has the meaning assigned by Section 101.001.
17	17	Sec. 112.002. WAIVER OF IMMUNITY. (a) The sovereign
18	18	immunity of the state government from suit and from liability is
19	19	waived for the limited purpose of allowing any person to maintain a
20	20	lawsuit in state or federal court and obtain relief from the state
21	21	government under the Americans with Disabilities Act (42 U.S.C.
22	22	Section 12101 et seq.).
23	23	(b) This section does not require the state government to:
24	24	(1) provide an individual with a disability with:
25	25	(A) a personal or individually prescribed
26	26	device, such as a wheelchair, prescription eyeglasses, or a hearing
27	27	aid; or
28	28	(B) services of a personal nature, such as
29	29	assistance in eating, toileting, or dressing; or
30	30	(2) take any other action not required under the
31	31	Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.)
32	32	or a regulation adopted under that act, including an action that
33	33	would result in:
34	34	(A) a fundamental alteration in the nature of a
35	35	service, program, or activity; or
36	36	(B) undue financial and administrative burdens.
37	37	(c) If a particular accommodation would result in
38	38	circumstances described by Subsection (b)(2), the state government
39	39	must:
40	40	(1) determine whether another accommodation is
41	41	available that would not result in those circumstances; and
42	42	(2) take an alternative action that does not result in
43	43	those circumstances if the alternative action is required by the
44	44	Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.)
45	45	or a regulation adopted under that act.
46	46	Sec. 112.003. LIMITATION ON AMOUNT OF LIABILITY. An
47	47	employee of the state government who proves a claim of
48	48	employment-related discrimination under the Americans with
49	49	Disabilities Act (42 U.S.C. Section 12101 et seq.) may recover
50	50	compensatory damages in the manner provided by Section 21.2585,
51	51	Labor Code.
52	52	SECTION 2. The change in law made by this Act applies only
53	53	to a cause of action that accrues on or after the effective date of
54	54	this Act. A cause of action that accrues before the effective date
55	55	of this Act is governed by the law in effect immediately before that
56	56	date, and that law is continued in effect for that purpose.
57	57	SECTION 3. This Act takes effect September 1, 2009.