Relating to the liability of the state for a violation of the federal Americans with Disabilities Act.
Impact
The bill ensures that individuals can seek relief from state government entities in both state and federal courts if their rights under the ADA are violated. However, it clarifies that the state is not obligated to provide certain personal assistive devices or services and introduces limits on monetary damages, capping them at $250,000 per individual and $500,000 per occurrence. This limitation aims to balance accountability with the financial sustainability of state operations.
Summary
SB1150 addresses the liability of the state under the Americans with Disabilities Act (ADA), specifically establishing a waiver of sovereign immunity. This bill allows individuals to sue the state government for violations of the ADA, facilitating legal recourse for those who believe their rights under the federal law have been infringed. By amending the Civil Practice and Remedies Code, the legislation seeks to hold state entities accountable, enhancing protections for persons with disabilities regarding discrimination in employment and services.
Contention
While supporters argue that SB1150 strengthens the enforcement of disability rights, critics may raise concerns about the limitations imposed on the damages available to individuals. They might question whether these caps adequately reflect the true cost and consequences of discrimination, and they could argue that the bill does not go far enough in dismantling barriers faced by people with disabilities. The tension between ensuring accountability and managing state resources highlights the complexity of disability rights legislation.
Additional points
If passed, SB1150 would represent a significant change in Texas law, as it explicitly permits lawsuits against the state government in ADA-related cases, a move that could encourage advocacy for further reforms in disability rights. The effective date is set for September 1, 2009, signifying an important timeline for affected communities and legal practitioners representing disability rights.
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 the verification of health care practitioner continuing education compliance through the establishment of continuing education tracking systems.
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.