| 1 | 1 | | 88R10394 SCL-D |
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| 2 | 2 | | By: Dutton H.B. No. 2311 |
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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 peace officer liability for an improper response to a |
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| 8 | 8 | | mass casualty event. |
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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 5, Civil Practice and Remedies Code, is |
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| 11 | 11 | | amended by adding Chapter 108A to read as follows: |
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| 12 | 12 | | CHAPTER 108A. PUBLIC SERVANT LIABILITY |
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| 13 | 13 | | Sec. 108A.001. LIABILITY OF PEACE OFFICER FOR MASS CASUALTY |
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| 14 | 14 | | EVENT. (a) A person injured or the estate of a person killed in an |
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| 15 | 15 | | event in which five or more individuals are killed may bring an |
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| 16 | 16 | | action against a state or local peace officer who: |
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| 17 | 17 | | (1) responded to the event during the course of the |
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| 18 | 18 | | officer's duties; and |
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| 19 | 19 | | (2) failed to comply with standard operating procedure |
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| 20 | 20 | | established by the officer's law enforcement agency to quickly end |
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| 21 | 21 | | the event. |
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| 22 | 22 | | (b) A claimant may recover in an action brought under this |
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| 23 | 23 | | section: |
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| 24 | 24 | | (1) damages incurred in the event that is the basis for |
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| 25 | 25 | | the action; and |
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| 26 | 26 | | (2) reasonable attorney's fees and costs incurred in |
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| 27 | 27 | | bringing the action. |
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| 28 | 28 | | (c) Sections 101.106(f) and 108.002 do not apply to an |
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| 29 | 29 | | action brought under this section. |
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| 30 | 30 | | (d) A peace officer may not assert official immunity or |
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| 31 | 31 | | other forms of immunity as a defense to an action brought under this |
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| 32 | 32 | | section. |
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| 33 | 33 | | SECTION 2. Section 108A.001, Civil Practice and Remedies |
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| 34 | 34 | | Code, as added by this Act, applies only to a cause of action that |
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| 35 | 35 | | accrues on or after the effective date of this Act. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2023. |
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