78R7530 DAK-D

By:  Pena                                                         H.B. No. 2244



A BILL TO BE ENTITLED

AN ACT

relating to a civil action for deprivation of rights.                         
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 6, Civil Practice and Remedies Code, is 
amended by adding Chapter 148 to read as follows:

CHAPTER 148.  CIVIL ACTION FOR DEPRIVATION OF RIGHTS
	Sec. 148.001.  CIVIL ACTION.  (a)  Except as provided by 
Subsection (b), every person who, under color of any statute, 
ordinance, regulation, custom, or usage of this state or any 
political subdivision of this state, subjects, or causes to be 
subjected, a person in this state to the deprivation of any rights, 
privileges, or immunities secured by the constitution or laws of 
this state, shall be liable to the party injured in an action at 
law, suit in equity, or other proper proceeding for redress, 
including exemplary damages and all damages incurred by the injured 
party as a result of the deprivation.
	(b)  In any action brought against a judicial officer for an 
act or omission taken in the officer's judicial capacity, 
injunctive relief may not be granted unless a declaratory decree is 
violated or declaratory relief is unavailable.
	Sec. 148.002.  ATTORNEY'S FEES.  A court may award attorney's 
fees to an injured party who prevails in a civil action under this 
chapter.
	Sec. 148.003.  COURT COSTS AND EXPERT FEES.  A court may 
award court costs and expert fees to an injured party who prevails 
in a civil action under this chapter.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to a cause of action that accrues on or after that 
date.  An action that accrued before the effective date of this Act 
is governed by the law applicable to the action immediately before 
the effective date of this Act, and that law is continued in effect 
for that purpose.