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A BILL TO BE ENTITLED
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AN ACT
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relating to a civil action for deprivation of rights. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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amended by adding Chapter 135 to read as follows: |
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CHAPTER 135. CIVIL ACTION FOR DEPRIVATION OF RIGHTS |
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Sec. 135.001. CIVIL ACTION. (a) Except as provided by |
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Subsection (b), every person who, under color of any statute, |
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ordinance, regulation, custom, or usage of this state or any |
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political subdivision of this state, subjects, or causes to be |
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subjected, a person in this state to the deprivation of any rights, |
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privileges, or immunities secured by the constitution or laws of |
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this state shall be liable to the party injured in an action at law, |
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suit in equity, or other proper proceeding for redress, including |
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exemplary damages and all damages incurred by the injured party as a |
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result of the deprivation. |
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(b) In any action brought against a judicial officer for an |
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act or omission taken in the officer's judicial capacity, |
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injunctive relief may not be granted unless a declaratory decree is |
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violated or declaratory relief is unavailable. |
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Sec. 135.002. ATTORNEY'S FEES. A court may award attorney's |
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fees to an injured party who prevails in a civil action under this |
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chapter. |
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Sec. 135.003. COURT COSTS AND EXPERT FEES. A court may |
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award court costs and expert fees to an injured party who prevails |
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in a civil action under this chapter. |
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SECTION 2. Chapter 135, Civil Practice and Remedies Code, |
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as added by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. An action that accrued |
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before the effective date of this Act is governed by the law |
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applicable to the action immediately before the effective date of |
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this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |