79R8247 AJA-D

By:  Hinojosa                                                     S.B. No. 1128



A BILL TO BE ENTITLED

AN ACT

relating to liability of the state for a violation of the federal 
Americans with Disabilities Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 101, Civil Practice and 
Remedies Code, is amended by adding Section 101.0212 to read as 
follows:
	Sec. 101.0212.  LIABILITY OF STATE UNDER CERTAIN FEDERAL 
LAW.  (a)  The state is liable for a violation by a unit of state 
government of the Americans with Disabilities Act (42 U.S.C. 
Section 12101 et seq.).
	(b)  A suit under Subsection (a) may be filed only in a 
district court of this state and may not be brought in a federal 
court.
	SECTION 2.  Section 101.023(a), Civil Practice and Remedies 
Code, is amended to read as follows:
	(a)  Liability of the state government under this chapter is 
limited to money damages in a maximum amount of:
		(1)  $250,000 for each person and $500,000 for each 
single occurrence for:
			(A)  bodily injury or death; or                                
			(B)  a violation by a unit of state government of 
the Americans with Disabilities Act (42 U.S.C. Section 12101 et 
seq.); and
		(2)  $100,000 for each single occurrence for injury to 
or destruction of property.
	SECTION 3.  The change in law made by this Act applies only 
to a cause of action that accrues on or after the effective date of 
this Act.  A cause of action that accrues 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 4.  This Act takes effect September 1, 2005.