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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability for domestic violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 100H to read as follows: |
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CHAPTER 100H. LIABILITY FOR DOMESTIC VIOLENCE |
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Sec. 100H.001. LIABILITY. A defendant is liable, as |
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provided by this chapter, to a claimant for damages arising from |
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conduct towards the claimant that is an offense under Section |
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22.01, Penal Code, and punishable under Section 22.01(b)(2), Penal |
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Code. |
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Sec. 100H.002. DAMAGES. A claimant who prevails in an |
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action under this section may recover: |
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(1) the claimant's actual damages, including damages |
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for mental anguish even if an injury other than mental anguish is |
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not shown; |
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(2) subject to Chapter 41, exemplary damages; and |
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(3) court costs and reasonable attorney's fees. |
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Sec. 100H.003. EQUITABLE RELIEF. In an action for damages |
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under this section, the court may award the claimant equitable |
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relief as the court considers proper. |
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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 accrued before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |