89R12249 MZM-F
By: Guillen, Bumgarner, Gerdes, Virdell, H.B. No. 170
et al.
Substitute the following for H.B. No. 170:
By: Dyson C.S.H.B. No. 170
A BILL TO BE ENTITLED
AN ACT
relating to civil liability arising out of justified uses of or
threats to use force or deadly force.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 83.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 83.001. CIVIL IMMUNITY. (a) A defendant who uses or
threatens to use force or deadly force that is justified under
Chapter 9, Penal Code, is immune from civil liability for personal
injury or death that results from the defendant's use of or threat
to use force or deadly force, as applicable.
(b) A defendant who uses or threatens to use force or deadly
force is presumed to be justified under Chapter 9, Penal Code, and
immune from liability if:
(1) a grand jury declines to indict the defendant for
the use or threatened use of force or deadly force; or
(2) a criminal charge for an offense involving the use
or threatened use of force or deadly force results in acquittal or
is dismissed.
SECTION 2. Chapter 83, Civil Practice and Remedies Code, is
amended by adding Section 83.002 to read as follows:
Sec. 83.002. ATTORNEY'S FEES; COSTS AND EXPENSES. A
defendant who is found to be immune from liability under Section
83.001 is entitled to recover reasonable attorney's fees, court
costs, lost income, and other expenses incurred by the defendant in
connection with the action.
SECTION 3. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.