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.