88R10394 SCL-D
By: Dutton H.B. No. 2311
A BILL TO BE ENTITLED
AN ACT
relating to peace officer liability for an improper response to a
mass casualty event.
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 108A to read as follows:
CHAPTER 108A. PUBLIC SERVANT LIABILITY
Sec. 108A.001. LIABILITY OF PEACE OFFICER FOR MASS CASUALTY
EVENT. (a) A person injured or the estate of a person killed in an
event in which five or more individuals are killed may bring an
action against a state or local peace officer who:
(1) responded to the event during the course of the
officer's duties; and
(2) failed to comply with standard operating procedure
established by the officer's law enforcement agency to quickly end
the event.
(b) A claimant may recover in an action brought under this
section:
(1) damages incurred in the event that is the basis for
the action; and
(2) reasonable attorney's fees and costs incurred in
bringing the action.
(c) Sections 101.106(f) and 108.002 do not apply to an
action brought under this section.
(d) A peace officer may not assert official immunity or
other forms of immunity as a defense to an action brought under this
section.
SECTION 2. Section 108A.001, 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.
SECTION 3. This Act takes effect September 1, 2023.