87R1671 SCL-F

By: Thompson of Harris H.B. No. 614

A BILL TO BE ENTITLED

AN ACT

relating to a cause of action for deprivation of certain rights, privileges, or immunities under color of law.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 6, Civil Practice and Remedies Code, is amended by adding Chapter 135 to read as follows:

CHAPTER 135. LIABILITY FOR DEPRIVATION OF CERTAIN RIGHTS,

PRIVILEGES, OR IMMUNITIES

Sec. 135.0001. DEFINITION. In this chapter, "public entity" means:

(1) this state;

(2) a political subdivision of this state, including a municipality or county;

(3) any other governmental agency whose authority is derived from the laws or constitution of this state; and

(4) a private entity engaged in state action.

Sec. 135.0002. LIABILITY FOR DEPRIVATION OF RIGHTS, PRIVILEGES, OR IMMUNITIES UNDER COLOR OF LAW. (a) A person may bring an action for any appropriate relief, including legal or equitable relief, against another person, including a public entity, who, under the color of law, deprived or caused to be deprived the person bringing the action of a right, privilege, or immunity secured by the Texas Constitution.

(b) A person must bring an action under this chapter not later than two years after the day the cause of action accrues.

Sec. 135.0003. APPLICABILITY OF OTHER LAW; PROHIBITED DEFENSES. (a) Notwithstanding any other law, a statutory immunity or limitation on liability, damages, or attorney's fees does not apply to an action brought under this chapter.

(b) Notwithstanding any other law, qualified immunity or a defendant's good faith but erroneous belief in the lawfulness of the defendant's conduct is not a defense to an action brought under this chapter.

Sec. 135.0004. ATTORNEY'S FEES AND COSTS. (a) In an action brought under this chapter, a court shall award reasonable attorney's fees and costs to a prevailing plaintiff.

(b) In an action brought under this chapter, if a judgment is entered in favor of a defendant, the court may award reasonable attorney's fees and costs to the defendant only for defending claims the court finds frivolous.

Sec. 135.0005. INDEMNIFICATION REQUIRED; EXCEPTION. (a) Notwithstanding any other law and except as provided by Subsection (b), a public entity shall indemnify a public employee of the entity for liability incurred by and a judgment imposed against the employee in an action brought under this chapter.

(b) A public entity is not required to indemnify a public employee of the entity under Subsection (a) if the employee was convicted of a criminal violation for the conduct that is the basis for the action brought under this chapter.

SECTION 2. Chapter 135, Civil Practice and Remedies Code, as added by this Act, applies only to a cause of action that accrues on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2021.