78R3665 AJA-D

By:  Howard                                                       H.B. No. 842



A BILL TO BE ENTITLED

AN ACT

relating to limiting the liability of a person for certain damages 
arising out of the person's use of force.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading for Chapter 83, Civil Practice and 
Remedies Code, is amended to read as follows:

CHAPTER 83.  USE OF [DEADLY] FORCE [IN DEFENSE OF PERSON]
	SECTION 2.  Chapter 83, Civil Practice and Remedies Code, is 
amended by adding Section 83.002 to read as follows:
	Sec. 83.002.  CIVIL LIABILITY FOR USE OF FORCE.  (a)  In this 
section, "use of force" includes the use of deadly force.
	(b)  A person is not liable for damages for personal injury 
or death arising out of a use of force by the person against another 
if the use of force is justified under Chapter 9, Penal Code.
	(c)  A person convicted of an offense arising out of the use 
of force may not assert that the use of force is justified under 
this section.
	(d)  There is an irrebuttable presumption that a person's use 
of force is justified under this section if:
		(1)  the person is found not guilty of each offense 
arising out of the use of force with which the person is charged;
		(2)  a grand jury declines to indict the person for an 
offense arising out of the use of force; or
		(3)  the prosecutor having jurisdiction to prosecute an 
offense arising out of the use of force declines to prosecute the 
person who used the force for an offense arising out of the use of 
force.
	(e)  If a claimant files an action to which the section 
applies against a person charged with an offense arising out of the 
use of force alleged to have caused the claimant's damages, the 
action is stayed until the charge against the person is finally 
adjudicated  without further option for appeal.
	SECTION 3.  Section 83.001, Civil Practice and Remedies 
Code, is repealed.   
	SECTION 4.  The change in law made by this Act applies only 
to a use of force on or after the effective date of this Act.  A use 
of force before the effective date of this Act is governed by the 
law in effect immediately before that date, and that law is 
continued in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2003.