| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to governmental liability for a violation of the federal |
|
|
Americans with Disabilities Act. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 5, Civil Practice and Remedies Code, is |
|
|
amended by adding Chapter 111 to read as follows: |
|
|
CHAPTER 111. GOVERNMENTAL LIABILITY UNDER CERTAIN FEDERAL LAWS |
|
|
Sec. 111.001. DEFINITIONS. In this chapter: |
|
|
(1) "Governmental unit" has the meaning assigned by |
|
|
Section 101.001. |
|
|
(2) "State government" has the meaning assigned by |
|
|
Section 101.001. |
|
|
Sec. 111.002. WAIVER OF IMMUNITY. (a) The sovereign |
|
|
immunity of a governmental unit from suit and from liability is |
|
|
waived for the limited purpose of allowing any person to maintain a |
|
|
lawsuit in state or federal court and obtain and, within the limits |
|
|
provided by Section 111.003, satisfy a judgment against a |
|
|
governmental unit under the Americans with Disabilities Act (42 |
|
|
U.S.C. Section 12101 et seq.). |
|
|
(b) This section does not require a governmental unit to: |
|
|
(1) provide an individual with a disability with: |
|
|
(A) a personal or individually prescribed |
|
|
device, such as a wheelchair, prescription eyeglasses, or a hearing |
|
|
aid; or |
|
|
(B) services of a personal nature, such as |
|
|
assistance in eating, toileting, or dressing; or |
|
|
(2) make a change or adjustment to a program of the |
|
|
governmental unit if, under the circumstances, the change or |
|
|
adjustment would result in a significant difficulty or expense |
|
|
relative to the operation of the program. |
|
|
(c) If a particular accommodation would result in |
|
|
circumstances described by Subsection (b)(2), the governmental |
|
|
unit must determine whether another accommodation is available that |
|
|
would not result in those circumstances. |
|
|
Sec. 111.003. LIMITATION ON AMOUNT OF LIABILITY. (a) The |
|
|
liability of the state government under Section 111.002 is limited |
|
|
to money damages in a maximum amount of: |
|
|
(1) $250,000 for each person; and |
|
|
(2) $500,000 for each single occurrence. |
|
|
(b) Except as provided by Subsection (c), liability of a |
|
|
unit of local government under Section 111.002 is limited to money |
|
|
damages in a maximum amount of: |
|
|
(1) $100,000 for each person; and |
|
|
(2) $300,000 for each single occurrence. |
|
|
(c) Liability of a municipality under Section 111.002 is |
|
|
limited to money damages in a maximum amount of: |
|
|
(1) $250,000 for each person; and |
|
|
(2) $500,000 for each single occurrence. |
|
|
SECTION 2. 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 3. This Act takes effect September 1, 2007. |