82R10649 DAK-D
By: Burnam H.B. No. 2641
A BILL TO BE ENTITLED
AN ACT
relating to a civil action for deprivation of rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Civil Practice and Remedies Code, is
amended by adding Chapter 135 to read as follows:
CHAPTER 135. CIVIL ACTION FOR DEPRIVATION OF RIGHTS
Sec. 135.001. CIVIL ACTION. (a) Except as provided by
Subsection (b), every person who, under color of any statute,
ordinance, regulation, custom, or usage of this state or any
political subdivision of this state, subjects, or causes to be
subjected, a person in this state to the deprivation of any rights,
privileges, or immunities secured by the constitution or laws of
this state shall be liable to the party injured in an action at law,
suit in equity, or other proper proceeding for redress, including
exemplary damages and all damages incurred by the injured party as a
result of the deprivation.
(b) In any action brought against a judicial officer for an
act or omission taken in the officer's judicial capacity,
injunctive relief may not be granted unless a declaratory decree is
violated or declaratory relief is unavailable.
Sec. 135.002. ATTORNEY'S FEES. A court may award attorney's
fees to an injured party who prevails in a civil action under this
chapter.
Sec. 135.003. COURT COSTS AND EXPERT FEES. A court may
award court costs and expert fees to an injured party who prevails
in a civil action under this chapter.
SECTION 2. Chapter 135, Civil Practice and Remedies Code,
as added by this Act, applies only to a cause of action that accrues
on or after the effective date of this Act. An action that accrued
before the effective date of this Act is governed by the law
applicable to the action 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, 2011.