By: Gutierrez S.B. No. 575
  relating to the creation of a cause of action for deprivation of
  rights and the waiver of immunity
         SECTION 1.  Title 5, Civil Practices and Remedies Code, is
  amended by adding Chapter 106A to read as follows:
         Sec. 106A.001.  CAUSE OF ACTION. (a) A peace officer
  employed by a local government or the State of Texas who, under
  color of law, subjects or causes to be subjected, including failing
  to intervene, any other person to the deprivation of any individual
  rights that create binding obligations on government actors is
  liable to the injured party for legal or equitable relief or any
  other appropriate relief.
         (b)  Statutory immunities and statutory limitations on
  liability, damages, or attorney fees do not apply to claims brought
  pursuant to this section.
         (c)  Qualified immunity is not a defense to liability
  pursuant to this section.
         (d)  In any action brought pursuant to this section, a court
  shall award reasonable attorney fees and costs to a prevailing
  plaintiff. In actions for injunctive relief, a court shall deem a
  plaintiff to have prevailed if the plaintiff's suit was a
  substantial factor or significant catalyst in obtaining the results
  sought by the litigation. When a judgment is entered in favor of a
  defendant, the court may award reasonable costs and attorney fees
  to the defendant for defending any claims the court finds
         (e)  Notwithstanding any other provision of law, a peace
  officer's employer shall indemnify its peace officers for any
  liability incurred by the peace officer and for any judgment or
  settlement entered against the peace officer for claims arising
  pursuant to this section; except that, if the peace officer's
  employer determines that the officer did not act upon a good faith
  and reasonable belief that the action was lawful, then the peace
  officer is personally liable and shall not be indemnified by the
  peace officer's employer for five percent of the judgment or
  settlement or twenty-five thousand dollars, whichever is less.
  Notwithstanding any provision of this section to the contrary, if
  the peace officer's portion of the judgment is uncollectible from
  the peace officer, the peace officer's employer or insurance shall
  satisfy the full amount of the judgment or settlement. A public
  entity does not have to indemnify a peace officer if the peace
  officer was convicted of a criminal violation for the conduct from
  which the claim arises.
         (f)  Civil action pursuant to this section must be commenced
  within two years after the cause of action accrues.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.