By Dutton                                              H.B. No. 759
         76R1697 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, 1999, 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.