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