By Dutton                                       H.B. No. 1746

      75R5817 DAK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the recovery of damages for deprivation of a right

 1-3     secured by the state constitution.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Title 5, Civil Practice and Remedies Code, is

 1-6     amended by adding Chapter 112 to read as follows:

 1-7                CHAPTER 112.  DEPRIVATION OF A RIGHT SECURED

 1-8                          BY THE STATE CONSTITUTION

 1-9           Sec. 112.001.  RECOVERY OF DAMAGES FOR DEPRIVATION OF RIGHT.

1-10     A person may recover damages that arise out of a cause of action

1-11     for deprivation of a right secured by the constitution of this

1-12     state by an act or failure to act of an officer, employee, or agent

1-13     of the state or of a political subdivision of the state acting or

1-14     failing to act in an official capacity or a purported official

1-15     capacity.

1-16           Sec. 112.002.  COSTS AND ATTORNEY'S FEES.  A person who

1-17     recovers damages under Section 112.001 is entitled to costs,

1-18     witness fees, and reasonable attorney's fees incurred in bringing

1-19     the suit.

1-20           Sec. 112.003.  NO WAIVER OF DEFENSES.  This chapter does not

1-21     waive a defense, immunity, or jurisdictional bar available to an

1-22     officer, employee, or agent of the state.

1-23           SECTION 2.  This Act takes effect September 1, 1997, and

1-24     applies only to a cause of action that accrues on or after that

 2-1     date.  An action that accrued before the effective date of this Act

 2-2     is governed by the law applicable to the action immediately before

 2-3     the effective date of this Act, and that law is continued in effect

 2-4     for 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.