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A BILL TO BE ENTITLED
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AN ACT
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relating to assertion of immunity and application of certain laws |
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in certain actions brought against peace officers. |
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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 108A to read as follows: |
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CHAPTER 108A. PUBLIC SERVANT LIABILITY |
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Sec. 108A.001. ASSERTION OF IMMUNITY AND APPLICATION OF |
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CERTAIN LAWS IN ACTIONS AGAINST PEACE OFFICERS. (a) A claimant in |
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an action against a state or local peace officer for a claim arising |
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from the officer's use of force may prove by a preponderance of the |
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evidence that the claim for which the action is brought is based on |
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an action taken by the officer that did not comply with the standard |
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use of force that a peace officer of reasonable and ordinary |
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prudence would use in similar circumstances. |
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(b) In an action for which the claimant satisfies Subsection |
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(a): |
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(1) the peace officer may not assert official immunity |
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or other forms of immunity as a defense to the action; and |
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(2) Sections 101.106(f) and 108.002 do not apply to |
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the action. |
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SECTION 2. Section 108A.001, Civil Practice and Remedies |
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Code, as added by this Act, applies only to an action filed on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |