Amend HB 912 (senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Title 5, Civil Practice and Remedies Code, is amended by adding Chapter 112 to read as follows:
CHAPTER 112. LIABILITY OF GOVERNMENTAL UNIT FOR CERTAIN UNSUCCESSFUL PROSECUTIONS
Sec. 112.001.  DEFINITION. In this chapter, "governmental unit" has the meaning assigned by Section 101.001.
Sec. 112.002.  LIABILITY FOR CERTAIN RETALIATORY PROSECUTIONS. A person who is prosecuted for an offense under Section 22.01(a)(1) or 38.15(a)(1), Penal Code, or Section 542.501(a)(1), Transportation Code, and is acquitted of the offense may recover in a civil action against the governmental unit that employed any peace officer who accused the person of the offense of which the person was acquitted if the person shows by a preponderance of the evidence that:
(1)  the person was filming, recording, photographing, documenting, or observing the peace officer; and
(2)  the peace officer's accusation was made in retaliation for the person's act of filming, recording, photographing, documenting, or observing the peace officer.
Sec. 112.003.  REMEDIES. A person who prevails in a suit against a governmental unit under Section 112.002 is entitled to recover only:
(1)  the person's reasonable attorney's fees incurred in connection with the retaliatory prosecution; and
(2)  the amount of any actual damages incurred by the person arising from damage by a peace officer to any recording equipment used in connection with the conduct that resulted in the retaliatory prosecution.
Sec. 112.004.  SOVEREIGN IMMUNITY WAIVED. Sovereign immunity to suit and liability is waived and abolished to the extent of liability created by this chapter.
SECTION ____.  Section 38.15(c), Penal Code, is amended to read as follows:
(c)  It is a defense to prosecution under Subsection (a)(1) that the conduct engaged in by the defendant:
(1)  was intended to warn a person operating a motor vehicle of the presence of a peace officer who was enforcing Subtitle C, Title 7, Transportation Code; or
(2)  consisted only of filming, recording, photographing, documenting, or observing a peace officer.
SECTION ____.  Section 542.501, Transportation Code, is amended to read as follows:
Sec. 542.501.  OBEDIENCE REQUIRED TO POLICE OFFICERS AND TO SCHOOL CROSSING GUARDS. (a) A person may not wilfully fail or refuse to comply with a lawful order or direction of:
(1)  a police officer; or
(2)  a school crossing guard who:
(A)  is performing crossing guard duties in a school crosswalk to stop and yield to a pedestrian; or
(B)  has been trained under Section 600.004 and is directing traffic in a school crossing zone.
(b)  Subsection (a)(1) does not apply to an order or direction to cease filming, recording, photographing, documenting, or observing a police officer while the officer is engaged in the performance of official duties.
SECTION ____.  Chapter 112, Civil Practice and Remedies Code, as added by this Act, applies only with respect to a prosecution of an offense committed on or after the effective date of this Act.
SECTION ____.  (a) Except as provided by Subsection (b) of this section, Section 38.15, Penal Code, and Section 542.501, Transportation Code, as amended by this Act, apply to the prosecution of an offense under one of those sections commenced before, on, or after the effective date of this Act.
(b)  A final conviction for an offense under Section 38.15, Penal Code, or Section 542.501, Transportation Code, that exists on the effective date of this Act is unaffected by this Act.