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.