| 1 | | - | By: Hernandez, et al. (Senate Sponsor - Garcia) H.B. No. 968 |
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| 2 | | - | (In the Senate - Received from the House May 4, 2015; |
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| 3 | | - | May 4, 2015, read first time and referred to Committee on State |
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| 4 | | - | Affairs; May 12, 2015, reported favorably by the following vote: |
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| 5 | | - | Yeas 9, Nays 0; May 12, 2015, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 968 |
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| 10 | 4 | | AN ACT |
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| 11 | 5 | | relating to civil liability of shareholders and members of certain |
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| 12 | 6 | | legal entities that engage in the trafficking of persons. |
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| 13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 8 | | SECTION 1. Chapter 98, Civil Practice and Remedies Code, is |
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| 15 | 9 | | amended by adding Section 98.0025 to read as follows: |
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| 16 | 10 | | Sec. 98.0025. SHAREHOLDER AND MEMBER LIABILITY. (a) This |
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| 17 | 11 | | section applies to a legal entity governed by Title 2, 3, or 7, |
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| 18 | 12 | | Business Organizations Code. |
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| 19 | 13 | | (b) Notwithstanding any provision of the Business |
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| 20 | 14 | | Organizations Code, if a legal entity described by Subsection (a) |
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| 21 | 15 | | is liable under Section 98.002, a shareholder or member of that |
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| 22 | 16 | | entity is jointly and severally liable with the entity to the person |
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| 23 | 17 | | trafficked for damages arising from the trafficking of that person |
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| 24 | 18 | | if the person demonstrates that the shareholder or member caused |
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| 25 | 19 | | the entity to be used for the purpose of trafficking that person and |
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| 26 | 20 | | did traffic that person for the direct personal benefit of the |
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| 27 | 21 | | shareholder or member. |
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| 28 | 22 | | SECTION 2. The change in law made by this Act applies only |
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| 29 | 23 | | to a cause of action that accrues on or after the effective date of |
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| 30 | 24 | | this Act. A cause of action that accrues before the effective date |
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| 31 | 25 | | of this Act is governed by the law as it existed immediately before |
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| 32 | 26 | | that date, and that law is continued in effect for that purpose. |
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| 33 | 27 | | SECTION 3. This Act takes effect immediately if it receives |
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| 34 | 28 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 29 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 30 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 31 | | Act takes effect September 1, 2015. |
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| 38 | | - | * * * * * |
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| 32 | + | ______________________________ ______________________________ |
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| 33 | + | President of the Senate Speaker of the House |
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| 34 | + | I certify that H.B. No. 968 was passed by the House on April |
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| 35 | + | 30, 2015, by the following vote: Yeas 136, Nays 3, 1 present, not |
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| 36 | + | voting. |
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| 37 | + | ______________________________ |
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| 38 | + | Chief Clerk of the House |
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| 39 | + | I certify that H.B. No. 968 was passed by the Senate on May |
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| 40 | + | 20, 2015, by the following vote: Yeas 31, Nays 0. |
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| 41 | + | ______________________________ |
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| 42 | + | Secretary of the Senate |
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| 43 | + | APPROVED: _____________________ |
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| 44 | + | Date |
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| 45 | + | _____________________ |
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| 46 | + | Governor |
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