89R12259 AJA-F
By: Hall S.B. No. 1730
A BILL TO BE ENTITLED
AN ACT
relating to the recovery of damages for injuries arising out of
certain uses of force or deadly force.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 83, Civil Practice and Remedies Code, is
amended by adding Sections 83.002 and 83.003 to read as follows:
Sec. 83.002. EFFECT OF CRIMINAL PROCEEDINGS ON LIABILITY.
A claimant may not recover damages for personal injury or death that
results from a defendant's act constituting the use of force or
deadly force if:
(1) a grand jury finds no bill of indictment for
criminal charges based on the act;
(2) a court in a criminal proceeding orders a
dismissal of criminal charges based on the act; or
(3) the defendant is acquitted of criminal charges
based on the act.
Sec. 83.003. CLAIMANT'S LIABILITY FOR COURT COSTS AND
ATTORNEY'S FEES. A claimant who is barred from recovery under this
chapter is liable to the defendant for court costs and reasonable
attorney's fees incurred in defending against the barred claim.
SECTION 2. The changes in law made by this Act apply only to
a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrued 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 3. 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, 2025.