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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 112 to read as follows: |
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CHAPTER 112. LIABILITY OF STATE UNDER CERTAIN FEDERAL LAWS |
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Sec. 112.001. DEFINITION. In this chapter, "state |
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government" has the meaning assigned by Section 101.001. |
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Sec. 112.002. 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 relief from 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; or |
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(2) take any other action not required under the |
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Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) |
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or a regulation adopted under that act, including an action that |
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would result in: |
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(A) a fundamental alteration in the nature of a |
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service, program, or activity; or |
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(B) undue financial and administrative burdens. |
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(c) If a particular accommodation would result in |
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circumstances described by Subsection (b)(2), the state government |
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must: |
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(1) determine whether another accommodation is |
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available that would not result in those circumstances; and |
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(2) take an alternative action that does not result in |
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those circumstances if the alternative action is required by the |
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Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) |
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or a regulation adopted under that act. |
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Sec. 112.003. LIMITATION ON AMOUNT OF LIABILITY. An award |
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of money damages under Section 112.002 for an employee of the state |
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government who proves a claim of employment-related discrimination |
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under the Americans with Disabilities Act (42 U.S.C. Section 12101 |
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et seq.) may not exceed: |
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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, 2011. |