82R10974 AJA-D
By: Lucio III H.B. No. 3562
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability of the state for a violation of the
1-3 federal Americans with Disabilities Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 5, Civil Practice and Remedies Code, is
1-6 amended by adding Chapter 112 to read as follows:
1-7 CHAPTER 112. LIABILITY OF STATE UNDER CERTAIN FEDERAL LAWS
1-8 Sec. 112.001. DEFINITION. In this chapter, "state
1-9 government" has the meaning assigned by Section 101.001.
1-10 Sec. 112.002. WAIVER OF IMMUNITY. (a) The sovereign
1-11 immunity of the state government from suit and from liability is
1-12 waived for the limited purpose of allowing any person to maintain a
1-13 lawsuit in state or federal court and obtain relief from the state
1-14 government under the Americans with Disabilities Act (42 U.S.C.
1-15 Section 12101 et seq.).
1-16 (b) This section does not require the state government to:
1-17 (1) provide an individual with a disability with:
1-18 (A) a personal or individually prescribed
1-19 device, such as a wheelchair, prescription eyeglasses, or a hearing
1-20 aid; or
1-21 (B) services of a personal nature, such as
1-22 assistance in eating, toileting, or dressing; or
1-23 (2) take any other action not required under the
1-24 Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.)
2-1 or a regulation adopted under that act, including an action that
2-2 would result in:
2-3 (A) a fundamental alteration in the nature of a
2-4 service, program, or activity; or
2-5 (B) undue financial and administrative burdens.
2-6 (c) If a particular accommodation would result in
2-7 circumstances described by Subsection (b)(2), the state government
2-8 must:
2-9 (1) determine whether another accommodation is
2-10 available that would not result in those circumstances; and
2-11 (2) take an alternative action that does not result in
2-12 those circumstances if the alternative action is required by the
2-13 Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.)
2-14 or a regulation adopted under that act.
2-15 Sec. 112.003. LIMITATION ON AMOUNT OF LIABILITY. An award
2-16 of money damages under Section 112.002 for an employee of the state
2-17 government who proves a claim of employment-related discrimination
2-18 under the Americans with Disabilities Act (42 U.S.C. Section 12101
2-19 et seq.) may not exceed:
2-20 (1) $250,000 for each person; and
2-21 (2) $500,000 for each single occurrence.
2-22 SECTION 2. The change in law made by this Act applies only
2-23 to a cause of action that accrues on or after the effective date of
2-24 this Act. A cause of action that accrues before the effective date
2-25 of this Act is governed by the law in effect immediately before that
2-26 date, and that law is continued in effect for that purpose.
2-27 SECTION 3. This Act takes effect September 1, 2011.