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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability arising out of justified uses of or |
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threats to use force or deadly force. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 83.001, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 83.001. CIVIL IMMUNITY. (a) A defendant who uses or |
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threatens to use force or deadly force that is justified under |
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Chapter 9, Penal Code, is immune from civil liability for personal |
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injury or death that results from the defendant's use of or threat |
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to use force or deadly force, as applicable. |
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(b) A defendant who uses or threatens to use force or deadly |
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force is presumed to be justified under Chapter 9, Penal Code, and |
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immune from liability if: |
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(1) a grand jury declines to indict the defendant for |
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the use or threatened use of force or deadly force; or |
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(2) a criminal charge for an offense involving the use |
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or threatened use of force or deadly force results in acquittal or |
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is dismissed. |
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SECTION 2. Chapter 83, Civil Practice and Remedies Code, is |
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amended by adding Section 83.002 to read as follows: |
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Sec. 83.002. ATTORNEY'S FEES; COSTS AND EXPENSES. A |
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defendant who is found to be immune from liability under Section |
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83.001 is entitled to recover reasonable attorney's fees, court |
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costs, lost income, and other expenses incurred by the defendant in |
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connection with the action. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |