| 1 | 1 | | 81R10 AJA-D |
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| 2 | 2 | | By: Hinojosa S.B. No. 1150 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the liability of the state for a violation of the |
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| 8 | 8 | | federal Americans with Disabilities Act. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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| 11 | 11 | | amended by adding Chapter 112 to read as follows: |
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| 12 | 12 | | CHAPTER 112. LIABILITY OF STATE UNDER CERTAIN FEDERAL LAWS |
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| 13 | 13 | | Sec. 112.001. DEFINITION. In this chapter, "state |
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| 14 | 14 | | government" has the meaning assigned by Section 101.001. |
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| 15 | 15 | | Sec. 112.002. WAIVER OF IMMUNITY. (a) The sovereign |
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| 16 | 16 | | immunity of the state government from suit and from liability is |
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| 17 | 17 | | waived for the limited purpose of allowing any person to maintain a |
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| 18 | 18 | | lawsuit in state or federal court and obtain relief from the state |
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| 19 | 19 | | government under the Americans with Disabilities Act (42 U.S.C. |
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| 20 | 20 | | Section 12101 et seq.). |
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| 21 | 21 | | (b) This section does not require the state government to: |
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| 22 | 22 | | (1) provide an individual with a disability with: |
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| 23 | 23 | | (A) a personal or individually prescribed |
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| 24 | 24 | | device, such as a wheelchair, prescription eyeglasses, or a hearing |
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| 25 | 25 | | aid; or |
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| 26 | 26 | | (B) services of a personal nature, such as |
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| 27 | 27 | | assistance in eating, toileting, or dressing; or |
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| 28 | 28 | | (2) take any other action not required under the |
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| 29 | 29 | | Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) |
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| 30 | 30 | | or a regulation adopted under that act, including an action that |
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| 31 | 31 | | would result in: |
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| 32 | 32 | | (A) a fundamental alteration in the nature of a |
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| 33 | 33 | | service, program, or activity; or |
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| 34 | 34 | | (B) undue financial and administrative burdens. |
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| 35 | 35 | | (c) If a particular accommodation would result in |
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| 36 | 36 | | circumstances described by Subsection (b)(2), the state government |
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| 37 | 37 | | must: |
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| 38 | 38 | | (1) determine whether another accommodation is |
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| 39 | 39 | | available that would not result in those circumstances; and |
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| 40 | 40 | | (2) take an alternative action that does not result in |
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| 41 | 41 | | those circumstances if the alternative action is required by the |
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| 42 | 42 | | Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) |
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| 43 | 43 | | or a regulation adopted under that act. |
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| 44 | 44 | | Sec. 112.003. LIMITATION ON AMOUNT OF LIABILITY. An award |
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| 45 | 45 | | of money damages under Section 112.002 for an employee of the state |
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| 46 | 46 | | government who proves a claim of employment-related discrimination |
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| 47 | 47 | | under the Americans with Disabilities Act (42 U.S.C. Section 12101 |
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| 48 | 48 | | et seq.) may not exceed: |
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| 49 | 49 | | (1) $250,000 for each person; and |
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| 50 | 50 | | (2) $500,000 for each single occurrence. |
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| 51 | 51 | | SECTION 2. The change in law made by this Act applies only |
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| 52 | 52 | | to a cause of action that accrues on or after the effective date of |
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| 53 | 53 | | this Act. A cause of action that accrues before the effective date |
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| 54 | 54 | | of this Act is governed by the law in effect immediately before that |
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| 55 | 55 | | date, and that law is continued in effect for that purpose. |
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| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2009. |
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