| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 89R12249 MZM-F | |
| 2 | - | By: Guillen, Bumgarner, Gerdes, Virdell, H.B. No. 170 | |
| 3 | - | et al. | |
| 4 | - | Substitute the following for H.B. No. 170: | |
| 5 | - | By: Dyson C.S.H.B. No. 170 | |
| 1 | + | 89R150 MZM-F | |
| 2 | + | By: Guillen H.B. No. 170 | |
| 3 | + | ||
| 4 | + | ||
| 6 | 5 | ||
| 7 | 6 | ||
| 8 | 7 | A BILL TO BE ENTITLED | |
| 9 | 8 | AN ACT | |
| 10 | 9 | relating to civil liability arising out of justified uses of or | |
| 11 | 10 | threats to use force or deadly force. | |
| 12 | 11 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 13 | 12 | SECTION 1. Section 83.001, Civil Practice and Remedies | |
| 14 | 13 | Code, is amended to read as follows: | |
| 15 | - | Sec. 83.001. CIVIL IMMUNITY. | |
| 14 | + | Sec. 83.001. CIVIL IMMUNITY. A defendant who uses or | |
| 16 | 15 | threatens to use force or deadly force that is justified under | |
| 17 | 16 | Chapter 9, Penal Code, is immune from civil liability for personal | |
| 18 | 17 | injury or death that results from the defendant's use of or threat | |
| 19 | 18 | to use force or deadly force, as applicable. | |
| 20 | - | (b) A defendant who uses or threatens to use force or deadly | |
| 21 | - | force is presumed to be justified under Chapter 9, Penal Code, and | |
| 22 | - | immune from liability if: | |
| 23 | - | (1) a grand jury declines to indict the defendant for | |
| 24 | - | the use or threatened use of force or deadly force; or | |
| 25 | - | (2) a criminal charge for an offense involving the use | |
| 26 | - | or threatened use of force or deadly force results in acquittal or | |
| 27 | - | is dismissed. | |
| 28 | 19 | SECTION 2. Chapter 83, Civil Practice and Remedies Code, is | |
| 29 | 20 | amended by adding Section 83.002 to read as follows: | |
| 30 | 21 | Sec. 83.002. ATTORNEY'S FEES; COSTS AND EXPENSES. A | |
| 31 | 22 | defendant who is found to be immune from liability under Section | |
| 32 | 23 | 83.001 is entitled to recover reasonable attorney's fees, court | |
| 33 | 24 | costs, lost income, and other expenses incurred by the defendant in | |
| 34 | 25 | connection with the action. | |
| 35 | - | SECTION 3. The change in law made by this Act applies only | |
| 26 | + | SECTION 3. Section 9.06, Penal Code, is repealed. | |
| 27 | + | SECTION 4. The change in law made by this Act applies only | |
| 36 | 28 | to a cause of action that accrues on or after the effective date of | |
| 37 | 29 | this Act. A cause of action that accrues before the effective date | |
| 38 | 30 | of this Act is governed by the law applicable to the cause of action | |
| 39 | 31 | immediately before the effective date of this Act, and that law is | |
| 40 | 32 | continued in effect for that purpose. | |
| 41 | - | SECTION | |
| 33 | + | SECTION 5. This Act takes effect September 1, 2025. |