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A BILL TO BE ENTITLED
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AN ACT
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relating to a cause of action for deprivation of certain rights, |
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privileges, or immunities under color of law. |
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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. LIABILITY FOR DEPRIVATION OF CERTAIN RIGHTS, |
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PRIVILEGES, OR IMMUNITIES |
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Sec. 135.0001. DEFINITION. In this chapter, "public |
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entity" means: |
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(1) this state; |
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(2) a political subdivision of this state, including a |
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municipality or county; |
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(3) any other governmental agency whose authority is |
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derived from the laws or constitution of this state; and |
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(4) a private entity engaged in state action. |
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Sec. 135.0002. LIABILITY FOR DEPRIVATION OF RIGHTS, |
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PRIVILEGES, OR IMMUNITIES UNDER COLOR OF LAW. (a) A person may bring |
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an action for any appropriate relief, including legal or equitable |
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relief, against another person, including a public entity, who, |
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under the color of law, deprived or caused to be deprived the person |
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bringing the action of a right, privilege, or immunity secured by |
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the Texas Constitution. |
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(b) A person must bring an action under this chapter not |
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later than two years after the day the cause of action accrues. |
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Sec. 135.0003. APPLICABILITY OF OTHER LAW; PROHIBITED |
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DEFENSES. (a) Notwithstanding any other law, a statutory immunity |
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or limitation on liability, damages, or attorney's fees does not |
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apply to an action brought under this chapter. |
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(b) Notwithstanding any other law, qualified immunity or a |
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defendant's good faith but erroneous belief in the lawfulness of |
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the defendant's conduct is not a defense to an action brought under |
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this chapter. |
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Sec. 135.0004. ATTORNEY'S FEES AND COSTS. (a) In an action |
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brought under this chapter, a court shall award reasonable |
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attorney's fees and costs to a prevailing plaintiff. |
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(b) In an action brought under this chapter, if a judgment |
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is entered in favor of a defendant, the court may award reasonable |
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attorney's fees and costs to the defendant only for defending |
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claims the court finds frivolous. |
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Sec. 135.0005. INDEMNIFICATION REQUIRED; EXCEPTION. (a) |
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Notwithstanding any other law and except as provided by Subsection |
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(b), a public entity shall indemnify a public employee of the entity |
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for liability incurred by and a judgment imposed against the |
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employee in an action brought under this chapter. |
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(b) A public entity is not required to indemnify a public |
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employee of the entity under Subsection (a) if the employee was |
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convicted of a criminal violation for the conduct that is the basis |
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for the action brought 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. |
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SECTION 3. This Act takes effect September 1, 2021. |