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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a cause of action for deprivation of |
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rights and the waiver of immunity |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Civil Practices and Remedies Code, is |
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amended by adding Chapter 106A to read as follows: |
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CHAPTER 106A. DEPRIVATION OF RIGHTS |
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Sec. 106A.001. CAUSE OF ACTION. (a) A peace officer |
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employed by a local government or the State of Texas who, under |
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color of law, subjects or causes to be subjected, including failing |
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to intervene, any other person to the deprivation of any individual |
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rights that create binding obligations on government actors is |
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liable to the injured party for legal or equitable relief or any |
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other appropriate relief. |
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(b) Statutory immunities and statutory limitations on |
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liability, damages, or attorney fees do not apply to claims brought |
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pursuant to this section. |
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(c) Qualified immunity is not a defense to liability |
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pursuant to this section. |
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(d) In any action brought pursuant to this section, a court |
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shall award reasonable attorney fees and costs to a prevailing |
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plaintiff. In actions for injunctive relief, a court shall deem a |
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plaintiff to have prevailed if the plaintiff's suit was a |
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substantial factor or significant catalyst in obtaining the results |
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sought by the litigation. When a judgment is entered in favor of a |
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defendant, the court may award reasonable costs and attorney fees |
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to the defendant for defending any claims the court finds |
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frivolous. |
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(e) Notwithstanding any other provision of law, a peace |
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officer's employer shall indemnify its peace officers for any |
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liability incurred by the peace officer and for any judgment or |
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settlement entered against the peace officer for claims arising |
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pursuant to this section; except that, if the peace officer's |
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employer determines that the officer did not act upon a good faith |
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and reasonable belief that the action was lawful, then the peace |
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officer is personally liable and shall not be indemnified by the |
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peace officer's employer for five percent of the judgment or |
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settlement or twenty-five thousand dollars, whichever is less. |
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Notwithstanding any provision of this section to the contrary, if |
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the peace officer's portion of the judgment is uncollectible from |
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the peace officer, the peace officer's employer or insurance shall |
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satisfy the full amount of the judgment or settlement. A public |
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entity does not have to indemnify a peace officer if the peace |
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officer was convicted of a criminal violation for the conduct from |
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which the claim arises. |
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(f) Civil action pursuant to this section must be commenced |
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within two years after the cause of action accrues. |
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SECTION 2. 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. |