By Greenberg H.B. No. 2653
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to granting immunity from liability for a person who gives
1-3 information to a government agency.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5(a), Article 56.02, Code of Criminal
1-6 Procedure, is amended by adding Subsection (e) to read as follows:
1-7 (e) A person who exercises rights under this Act by giving
1-8 information to a government agency shall be granted absolute
1-9 immunity from liability for any communication tort committed.
1-10 Agencies which make decisions based upon such information should
1-11 consider this immunity when assigning weight to such information
1-12 contained in unsworn declarations. The information given to crime
1-13 victims under Subsection (a)(7) should include the information that
1-14 unsworn declarations will be given less weight than sworn
1-15 declarations, that sworn declarations are made under penalty of
1-16 perjury, and how sworn declarations may be made.
1-17 Section 5(b). The legislative intent of Subsection 5(a) of
1-18 this Act is to prevent criminals and accused criminals from suing
1-19 crime victims, their guardians, and their relatives from exercising
1-20 their rights under the Crime Victims' Rights Act. This Act in no
1-21 way reflects upon whether a common law immunity for such
1-22 communications exists, although the legislature sincerely hopes
1-23 that such an immunity exists. If such an immunity does exist, this
2-1 statutory immunity is cumulative in effect.
2-2 SECTION 2. This Act takes effect September 1, 1993.
2-3 SECTION 3. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended,
2-8 and that this Act take effect and be in force from and after its
2-9 passage, and it is so enacted.