| 1 | 1 | | 89R12259 AJA-F |
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| 2 | 2 | | By: Hall S.B. No. 1730 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the recovery of damages for injuries arising out of |
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| 10 | 10 | | certain uses of force or deadly force. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 83, Civil Practice and Remedies Code, is |
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| 13 | 13 | | amended by adding Sections 83.002 and 83.003 to read as follows: |
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| 14 | 14 | | Sec. 83.002. EFFECT OF CRIMINAL PROCEEDINGS ON LIABILITY. |
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| 15 | 15 | | A claimant may not recover damages for personal injury or death that |
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| 16 | 16 | | results from a defendant's act constituting the use of force or |
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| 17 | 17 | | deadly force if: |
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| 18 | 18 | | (1) a grand jury finds no bill of indictment for |
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| 19 | 19 | | criminal charges based on the act; |
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| 20 | 20 | | (2) a court in a criminal proceeding orders a |
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| 21 | 21 | | dismissal of criminal charges based on the act; or |
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| 22 | 22 | | (3) the defendant is acquitted of criminal charges |
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| 23 | 23 | | based on the act. |
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| 24 | 24 | | Sec. 83.003. CLAIMANT'S LIABILITY FOR COURT COSTS AND |
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| 25 | 25 | | ATTORNEY'S FEES. A claimant who is barred from recovery under this |
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| 26 | 26 | | chapter is liable to the defendant for court costs and reasonable |
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| 27 | 27 | | attorney's fees incurred in defending against the barred claim. |
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| 28 | 28 | | SECTION 2. The changes in law made by this Act apply only to |
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| 29 | 29 | | a cause of action that accrues on or after the effective date of |
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| 30 | 30 | | this Act. A cause of action that accrued before the effective date |
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| 31 | 31 | | of this Act is governed by the law applicable to the cause of action |
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| 32 | 32 | | immediately before the effective date of this Act and that law is |
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| 33 | 33 | | continued in effect for that purpose. |
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| 34 | 34 | | SECTION 3. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2025. |
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