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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of the state for a violation of the |
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federal Americans with Disabilities Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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amended by adding Chapter 111 to read as follows: |
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CHAPTER 111. LIABILITY OF STATE UNDER CERTAIN FEDERAL LAWS |
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Sec. 111.001. DEFINITIONS. In this chapter: |
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(1) "Readily achievable" means, with respect to an |
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accommodation, that the accommodation can be accomplished without |
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too much difficulty or expense. |
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(2) "State government" has the meaning assigned by |
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Section 101.001. |
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(3) "Undue hardship" means, with respect to an |
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accommodation, that the accommodation requires significant |
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difficulty or expense. |
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Sec. 111.002. WAIVER OF IMMUNITY. (a) The sovereign |
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immunity of the state government from suit and from liability is |
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waived for the limited purpose of allowing any person to maintain a |
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lawsuit in state or federal court and obtain and, within the limits |
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provided by Section 111.003, satisfy a judgment against the state |
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government under the Americans with Disabilities Act (42 U.S.C. |
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Section 12101 et seq.). |
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(b) This section does not require the state government to: |
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(1) provide an individual with a disability with: |
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(A) a personal or individually prescribed |
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device, such as a wheelchair, prescription eyeglasses, or a hearing |
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aid; or |
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(B) services of a personal nature, such as |
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assistance in eating, toileting, or dressing; |
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(2) make a change or adjustment to a program of the |
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state government if, under the circumstances, the change or |
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adjustment would result in a significant difficulty or expense |
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relative to the operation of the program; or |
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(3) otherwise provide an accommodation that is not |
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readily achievable by or that would cause undue hardship to the |
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state government. |
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(c) If a particular accommodation would result in |
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circumstances described by Subsection (b)(2) or (b)(3), the state |
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government must determine whether another accommodation is |
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available that would not result in those circumstances. |
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Sec. 111.003. LIMITATION ON AMOUNT OF LIABILITY. The |
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liability of the state government under Section 111.002 is limited |
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to money damages in a maximum amount of: |
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(1) $250,000 for each person; and |
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(2) $500,000 for each single occurrence. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |