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A BILL TO BE ENTITLED
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AN ACT
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relating to a limitation on liability in certain suits concerning |
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damages arising from acts or omissions involving a jail or |
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detention facility owned or operated by a county or municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101.023, Civil Practice and Remedies |
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Code, is amended by adding Subsection (e) to read as follows: |
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(e) Liability of a county or municipality under this chapter |
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is limited to money damages and attorney's fees in a maximum amount |
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of $500,000, without regard to the number of claims or claimants, in |
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a suit concerning the actions or omissions of a keeper, operator, or |
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employee of a jail or detention facility owned or operated by a |
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county or municipality if the suit alleges the damages were caused |
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by: |
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(1) a failure to protect; |
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(2) a failure to provide medical care; |
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(3) a condition of confinement; or |
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(4) a failure to train employees. |
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SECTION 2. Section 101.023(e), Civil Practice and Remedies |
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Code, as added by this Act, applies as applicable to a suit that is |
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filed on or after the effective date of this Act. A suit filed |
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before the effective date of this Act is governed by the applicable |
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law in effect before the effective date of this Act, and the former |
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law is continued in effect for this purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |