| 1 | 1 | | By: Schofield H.B. No. 2786 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a limitation on liability in certain suits concerning |
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| 7 | 7 | | damages arising from acts or omissions involving a jail or |
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| 8 | 8 | | detention facility owned or operated by a county or municipality. |
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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. Section 101.023, Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended by adding Subsection (e) to read as follows: |
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| 12 | 12 | | (e) Liability of a county or municipality under this chapter |
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| 13 | 13 | | is limited to money damages and attorney's fees in a maximum amount |
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| 14 | 14 | | of $500,000, without regard to the number of claims or claimants, in |
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| 15 | 15 | | a suit concerning the actions or omissions of a keeper, operator, or |
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| 16 | 16 | | employee of a jail or detention facility owned or operated by a |
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| 17 | 17 | | county or municipality if the suit alleges the damages were caused |
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| 18 | 18 | | by: |
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| 19 | 19 | | (1) a failure to protect; |
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| 20 | 20 | | (2) a failure to provide medical care; |
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| 21 | 21 | | (3) a condition of confinement; or |
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| 22 | 22 | | (4) a failure to train employees. |
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| 23 | 23 | | SECTION 2. Section 101.023(e), Civil Practice and Remedies |
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| 24 | 24 | | Code, as added by this Act, applies as applicable to a suit that is |
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| 25 | 25 | | filed on or after the effective date of this Act. A suit filed |
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| 26 | 26 | | before the effective date of this Act is governed by the applicable |
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| 27 | 27 | | law in effect before the effective date of this Act, and the former |
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| 28 | 28 | | law is continued in effect for this purpose. |
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| 29 | 29 | | SECTION 3. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2023. |
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