| 1 | 1 | | By: Wentworth S.B. No. 2138 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to civil liability for domestic violence. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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| 9 | 9 | | amended by adding Chapter 100H to read as follows: |
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| 10 | 10 | | CHAPTER 100H. LIABILITY FOR DOMESTIC VIOLENCE |
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| 11 | 11 | | Sec. 100H.001. LIABILITY. A defendant is liable, as |
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| 12 | 12 | | provided by this chapter, to a claimant for damages arising from |
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| 13 | 13 | | conduct towards the claimant that is an offense under Section |
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| 14 | 14 | | 22.01, Penal Code, and punishable under Section 22.01(b)(2), Penal |
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| 15 | 15 | | Code. |
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| 16 | 16 | | Sec. 100H.002. DAMAGES. A claimant who prevails in an |
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| 17 | 17 | | action under this section may recover: |
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| 18 | 18 | | (1) the claimant's actual damages, including damages |
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| 19 | 19 | | for mental anguish even if an injury other than mental anguish is |
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| 20 | 20 | | not shown; |
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| 21 | 21 | | (2) subject to Chapter 41, exemplary damages; and |
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| 22 | 22 | | (3) court costs and reasonable attorney's fees. |
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| 23 | 23 | | Sec. 100H.003. EQUITABLE RELIEF. In an action for damages |
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| 24 | 24 | | under this section, the court may award the claimant equitable |
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| 25 | 25 | | relief as the court considers proper. |
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| 26 | 26 | | SECTION 2. The change in law made by this Act applies only |
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| 27 | 27 | | to a cause of action that accrues on or after the effective date of |
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| 28 | 28 | | this Act. A cause of action that accrued before the effective date |
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| 29 | 29 | | of this Act is governed by the law in effect immediately before the |
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| 30 | 30 | | effective date of this Act, and that law is continued in effect for |
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| 31 | 31 | | that purpose. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2009. |
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