| 1 | 1 | | 88R14223 SCL-D |
|---|
| 2 | 2 | | By: Garcia H.B. No. 4179 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to assertion of immunity and application of certain laws |
|---|
| 8 | 8 | | in certain actions brought against peace officers. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Title 5, Civil Practice and Remedies Code, is |
|---|
| 11 | 11 | | amended by adding Chapter 108A to read as follows: |
|---|
| 12 | 12 | | CHAPTER 108A. PUBLIC SERVANT LIABILITY |
|---|
| 13 | 13 | | Sec. 108A.001. ASSERTION OF IMMUNITY AND APPLICATION OF |
|---|
| 14 | 14 | | CERTAIN LAWS IN ACTIONS AGAINST PEACE OFFICERS. (a) A claimant in |
|---|
| 15 | 15 | | an action against a state or local peace officer for a claim arising |
|---|
| 16 | 16 | | from the officer's use of force may prove by a preponderance of the |
|---|
| 17 | 17 | | evidence that the claim for which the action is brought is based on |
|---|
| 18 | 18 | | an action taken by the officer that did not comply with the standard |
|---|
| 19 | 19 | | use of force that a peace officer of reasonable and ordinary |
|---|
| 20 | 20 | | prudence would use in similar circumstances. |
|---|
| 21 | 21 | | (b) In an action for which the claimant satisfies Subsection |
|---|
| 22 | 22 | | (a): |
|---|
| 23 | 23 | | (1) the peace officer may not assert official immunity |
|---|
| 24 | 24 | | or other forms of immunity as a defense to the action; and |
|---|
| 25 | 25 | | (2) Sections 101.106(f) and 108.002 do not apply to |
|---|
| 26 | 26 | | the action. |
|---|
| 27 | 27 | | SECTION 2. Section 108A.001, Civil Practice and Remedies |
|---|
| 28 | 28 | | Code, as added by this Act, applies only to an action filed on or |
|---|
| 29 | 29 | | after the effective date of this Act. |
|---|
| 30 | 30 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|