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.