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