| 1 | 1 | | 87R1671 SCL-F |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 614 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a cause of action for deprivation of certain rights, |
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| 8 | 8 | | privileges, or immunities under color of law. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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| 11 | 11 | | amended by adding Chapter 135 to read as follows: |
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| 12 | 12 | | CHAPTER 135. LIABILITY FOR DEPRIVATION OF CERTAIN RIGHTS, |
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| 13 | 13 | | PRIVILEGES, OR IMMUNITIES |
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| 14 | 14 | | Sec. 135.0001. DEFINITION. In this chapter, "public |
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| 15 | 15 | | entity" means: |
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| 16 | 16 | | (1) this state; |
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| 17 | 17 | | (2) a political subdivision of this state, including a |
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| 18 | 18 | | municipality or county; |
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| 19 | 19 | | (3) any other governmental agency whose authority is |
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| 20 | 20 | | derived from the laws or constitution of this state; and |
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| 21 | 21 | | (4) a private entity engaged in state action. |
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| 22 | 22 | | Sec. 135.0002. LIABILITY FOR DEPRIVATION OF RIGHTS, |
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| 23 | 23 | | PRIVILEGES, OR IMMUNITIES UNDER COLOR OF LAW. (a) A person may bring |
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| 24 | 24 | | an action for any appropriate relief, including legal or equitable |
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| 25 | 25 | | relief, against another person, including a public entity, who, |
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| 26 | 26 | | under the color of law, deprived or caused to be deprived the person |
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| 27 | 27 | | bringing the action of a right, privilege, or immunity secured by |
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| 28 | 28 | | the Texas Constitution. |
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| 29 | 29 | | (b) A person must bring an action under this chapter not |
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| 30 | 30 | | later than two years after the day the cause of action accrues. |
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| 31 | 31 | | Sec. 135.0003. APPLICABILITY OF OTHER LAW; PROHIBITED |
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| 32 | 32 | | DEFENSES. (a) Notwithstanding any other law, a statutory immunity |
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| 33 | 33 | | or limitation on liability, damages, or attorney's fees does not |
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| 34 | 34 | | apply to an action brought under this chapter. |
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| 35 | 35 | | (b) Notwithstanding any other law, qualified immunity or a |
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| 36 | 36 | | defendant's good faith but erroneous belief in the lawfulness of |
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| 37 | 37 | | the defendant's conduct is not a defense to an action brought under |
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| 38 | 38 | | this chapter. |
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| 39 | 39 | | Sec. 135.0004. ATTORNEY'S FEES AND COSTS. (a) In an action |
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| 40 | 40 | | brought under this chapter, a court shall award reasonable |
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| 41 | 41 | | attorney's fees and costs to a prevailing plaintiff. |
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| 42 | 42 | | (b) In an action brought under this chapter, if a judgment |
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| 43 | 43 | | is entered in favor of a defendant, the court may award reasonable |
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| 44 | 44 | | attorney's fees and costs to the defendant only for defending |
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| 45 | 45 | | claims the court finds frivolous. |
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| 46 | 46 | | Sec. 135.0005. INDEMNIFICATION REQUIRED; EXCEPTION. (a) |
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| 47 | 47 | | Notwithstanding any other law and except as provided by Subsection |
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| 48 | 48 | | (b), a public entity shall indemnify a public employee of the entity |
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| 49 | 49 | | for liability incurred by and a judgment imposed against the |
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| 50 | 50 | | employee in an action brought under this chapter. |
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| 51 | 51 | | (b) A public entity is not required to indemnify a public |
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| 52 | 52 | | employee of the entity under Subsection (a) if the employee was |
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| 53 | 53 | | convicted of a criminal violation for the conduct that is the basis |
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| 54 | 54 | | for the action brought under this chapter. |
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| 55 | 55 | | SECTION 2. Chapter 135, Civil Practice and Remedies Code, |
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| 56 | 56 | | as added by this Act, applies only to a cause of action that accrues |
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| 57 | 57 | | on or after the effective date of this Act. |
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| 58 | 58 | | SECTION 3. This Act takes effect September 1, 2021. |
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