87R2562 JES-D
By: Middleton H.B. No. 2335
A BILL TO BE ENTITLED
AN ACT
relating to civil liability of certain prosecutors for policies
related to the prosecution of rioters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 5, Civil Practice and Remedies Code, is
amended by adding Chapter 117 to read as follows:
CHAPTER 117. LIABILITY RELATED TO PROSECUTION OF RIOTERS
Sec. 117.0001. DEFINITIONS. In this chapter:
(1) "Prosecutor" means a district attorney, criminal
district attorney, or county attorney.
(2) "Riot" has the meaning assigned by Section 42.02,
Penal Code.
Sec. 117.0002. LIABILITY FOR FAILURE TO PROSECUTE RIOTERS.
(a) A prosecutor is liable in that individual's official capacity
for significant physical injury, death, or property damage if:
(1) the physical injury, death, or property damage:
(A) was caused by criminal conduct that occurred
during a riot and in the prosecutor's jurisdiction; and
(B) was a foreseeable outcome of the riot; and
(2) the prosecutor had established, at the time of the
riot, a formal or informal policy of not prosecuting an individual
who engages in criminal conduct as part of a riot.
(b) A prosecutor's public statements regarding riots and
evidence showing that a prosecutor routinely did not prosecute
individuals who engaged in criminal conduct as part of a riot are
admissible in a civil proceeding under Subsection (a) for the
purpose of establishing that the prosecutor has established an
informal policy described by Subsection (a)(2).
Sec. 117.0003. WAIVER OF SOVEREIGN AND GOVERNMENTAL
IMMUNITY. Sovereign immunity of this state and governmental
immunity of a political subdivision to suit is waived and abolished
to the extent of liability created by this chapter.
SECTION 2. Chapter 117, 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. A cause of action that
accrued before the effective date of this Act is governed by the law
applicable to the cause of 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, 2021.