| 1 | 1 | | By: Gutierrez S.B. No. 575 |
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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 the creation of a cause of action for deprivation of |
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| 7 | 7 | | rights and the waiver of immunity |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Title 5, Civil Practices and Remedies Code, is |
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| 10 | 10 | | amended by adding Chapter 106A to read as follows: |
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| 11 | 11 | | CHAPTER 106A. DEPRIVATION OF RIGHTS |
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| 12 | 12 | | Sec. 106A.001. CAUSE OF ACTION. (a) A peace officer |
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| 13 | 13 | | employed by a local government or the State of Texas who, under |
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| 14 | 14 | | color of law, subjects or causes to be subjected, including failing |
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| 15 | 15 | | to intervene, any other person to the deprivation of any individual |
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| 16 | 16 | | rights that create binding obligations on government actors is |
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| 17 | 17 | | liable to the injured party for legal or equitable relief or any |
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| 18 | 18 | | other appropriate relief. |
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| 19 | 19 | | (b) Statutory immunities and statutory limitations on |
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| 20 | 20 | | liability, damages, or attorney fees do not apply to claims brought |
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| 21 | 21 | | pursuant to this section. |
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| 22 | 22 | | (c) Qualified immunity is not a defense to liability |
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| 23 | 23 | | pursuant to this section. |
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| 24 | 24 | | (d) In any action brought pursuant to this section, a court |
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| 25 | 25 | | shall award reasonable attorney fees and costs to a prevailing |
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| 26 | 26 | | plaintiff. In actions for injunctive relief, a court shall deem a |
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| 27 | 27 | | plaintiff to have prevailed if the plaintiff's suit was a |
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| 28 | 28 | | substantial factor or significant catalyst in obtaining the results |
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| 29 | 29 | | sought by the litigation. When a judgment is entered in favor of a |
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| 30 | 30 | | defendant, the court may award reasonable costs and attorney fees |
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| 31 | 31 | | to the defendant for defending any claims the court finds |
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| 32 | 32 | | frivolous. |
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| 33 | 33 | | (e) Notwithstanding any other provision of law, a peace |
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| 34 | 34 | | officer's employer shall indemnify its peace officers for any |
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| 35 | 35 | | liability incurred by the peace officer and for any judgment or |
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| 36 | 36 | | settlement entered against the peace officer for claims arising |
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| 37 | 37 | | pursuant to this section; except that, if the peace officer's |
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| 38 | 38 | | employer determines that the officer did not act upon a good faith |
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| 39 | 39 | | and reasonable belief that the action was lawful, then the peace |
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| 40 | 40 | | officer is personally liable and shall not be indemnified by the |
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| 41 | 41 | | peace officer's employer for five percent of the judgment or |
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| 42 | 42 | | settlement or twenty-five thousand dollars, whichever is less. |
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| 43 | 43 | | Notwithstanding any provision of this section to the contrary, if |
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| 44 | 44 | | the peace officer's portion of the judgment is uncollectible from |
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| 45 | 45 | | the peace officer, the peace officer's employer or insurance shall |
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| 46 | 46 | | satisfy the full amount of the judgment or settlement. A public |
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| 47 | 47 | | entity does not have to indemnify a peace officer if the peace |
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| 48 | 48 | | officer was convicted of a criminal violation for the conduct from |
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| 49 | 49 | | which the claim arises. |
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| 50 | 50 | | (f) Civil action pursuant to this section must be commenced |
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| 51 | 51 | | within two years after the cause of action accrues. |
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| 52 | 52 | | SECTION 2. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2023. |
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