1-1 By: Culberson, et al. (Senate Sponsor - Brown) H.B. No. 692
1-2 (In the Senate - Received from the House May 15, 1995;
1-3 May 16, 1995, read first time and referred to Committee on
1-4 Jurisprudence; May 24, 1995, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 24, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the ability to recover damages for injuries to a
1-9 convicted criminal arising from the commission of the offense.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Title 4, Civil Practice and Remedies Code, is
1-12 amended by adding Chapter 87 to read as follows:
1-13 CHAPTER 87. LIABILITY FOR CERTAIN INJURIES TO CONVICTED
1-14 PERSONS
1-15 Sec. 87.001. DEFINITION. In this chapter, "claimant" means
1-16 a party, including a plaintiff, counterclaimant, cross-claimant, or
1-17 third-party claimant, seeking recovery of damages.
1-18 Sec. 87.002. RECOVERY OF DAMAGES FOR INJURY TO CONVICTED
1-19 PERSON PROHIBITED. (a) A claimant who has been convicted of a
1-20 felony or misdemeanor may not recover damages for an injury
1-21 sustained during the commission of the felony or misdemeanor if the
1-22 injury would not have been sustained but for the commission of the
1-23 felony or misdemeanor.
1-24 (b) Subsection (a) does not bar the claimant from recovering
1-25 damages if the claimant shows that:
1-26 (1) the damages arose from an act entirely separate
1-27 from any act intended to result in the:
1-28 (A) prevention of the commission of a felony or
1-29 misdemeanor by the claimant; or
1-30 (B) apprehension of the claimant during or
1-31 immediately after the commission of the felony or misdemeanor; and
1-32 (2) the damages did not arise from a premises defect
1-33 or other circumstance that the claimant was exposed to as a result
1-34 of the commission of the felony or misdemeanor.
1-35 Sec. 87.003. DERIVATIVE CLAIMS. Section 87.002 applies to a
1-36 claim for damages made by a claimant other than a convicted person
1-37 if:
1-38 (1) the claimant's right to recovery results from an
1-39 injury to a convicted person, including a claim for the wrongful
1-40 death of the convicted person or a claim for loss of consortium
1-41 with or loss of the companionship of the convicted person; and
1-42 (2) the convicted person's right to recovery would be
1-43 barred under Section 87.002.
1-44 Sec. 87.004. CLAIMANT LIABLE FOR COURT COSTS AND FEES AND
1-45 ATTORNEY'S FEES. A claimant who is barred from recovery under this
1-46 chapter is liable to the person against whom the claim is brought
1-47 for court costs and fees and reasonable attorney's fees incurred in
1-48 defending against the claim.
1-49 Sec. 87.005. TRAFFIC LAW VIOLATIONS EXCLUDED. This chapter
1-50 does not apply to a claim arising from an offense defined in the
1-51 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
1-52 Texas Civil Statutes).
1-53 Sec. 87.006. CONVICTED PERSON. For purposes of this
1-54 chapter, a person is considered convicted in a case if:
1-55 (1) sentence is imposed; or
1-56 (2) the person receives a fine, probation, or deferred
1-57 adjudication.
1-58 Sec. 87.007. APPLICABILITY. This chapter does not apply to:
1-59 (1) a claim for an injury sustained during the
1-60 commission of an offense under Section 30.05, Penal Code, other
1-61 than a trespass in a habitation or shelter, brought by a person who
1-62 has not been convicted of another crime that occurred in
1-63 conjunction with the trespass; or
1-64 (2) a claim in which the conduct of the owner of the
1-65 premises is grossly negligent or intentional, other than conduct
1-66 justified under Subchapter C, Chapter 9, Penal Code.
1-67 SECTION 2. Chapter 87, Civil Practice and Remedies Code, as
1-68 added by this Act, applies only to conduct that occurs on or after
2-1 the effective date of this Act. Conduct that occurred before the
2-2 effective date of this Act is governed by the law in effect at the
2-3 time the conduct occurred, and that law is continued in effect for
2-4 that purpose.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended,
2-10 and that this Act take effect and be in force from and after its
2-11 passage, and it is so enacted.
2-12 * * * * *