By Tillery H.B. No. 1360
75R3981 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability of public servants for damages arising
1-3 from abuse of office.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 4, Civil Practice and Remedies Code, is
1-6 amended by adding Chapter 100 to read as follows:
1-7 CHAPTER 100. ABUSE OF OFFICE BY PUBLIC SERVANT
1-8 Sec. 100.001. DEFINITION. In this chapter, "public servant"
1-9 has the meaning assigned by Section 1.07, Penal Code.
1-10 Sec. 100.002. LIABILITY. Notwithstanding any immunity that
1-11 may apply under common law, a public servant is liable for damages
1-12 to a person arising from conduct described by:
1-13 (1) Section 39.02, Penal Code (abuse of official
1-14 capacity); or
1-15 (2) Section 39.03, Penal Code (official oppression).
1-16 Sec. 100.003. COMMON LAW RECOVERY NOT AFFECTED. This
1-17 chapter does not affect any right to recover damages recognized
1-18 under common law.
1-19 SECTION 2. The importance of this legislation and the
1-20 crowded condition of the calendars in both houses create an
1-21 emergency and an imperative public necessity that the
1-22 constitutional rule requiring bills to be read on three several
1-23 days in each house be suspended, and this rule is hereby suspended,
1-24 and that this Act take effect and be in force from and after its
2-1 passage, and it is so enacted.