Bill Text: TX HB614 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to a cause of action for deprivation of certain rights, privileges, or immunities under color of law.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2021-03-01 - Referred to Judiciary & Civil Jurisprudence [HB614 Detail]
Download: Texas-2021-HB614-Introduced.html
| 87R1671 SCL-F | ||
| By: Thompson of Harris | H.B. No. 614 | |
|
|
||
|
|
||
| relating to a cause of action for deprivation of certain rights, | ||
| privileges, or immunities under color of law. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 6, Civil Practice and Remedies Code, is | ||
| amended by adding Chapter 135 to read as follows: | ||
| CHAPTER 135. LIABILITY FOR DEPRIVATION OF CERTAIN RIGHTS, | ||
| PRIVILEGES, OR IMMUNITIES | ||
| Sec. 135.0001. DEFINITION. In this chapter, "public | ||
| entity" means: | ||
| (1) this state; | ||
| (2) a political subdivision of this state, including a | ||
| municipality or county; | ||
| (3) any other governmental agency whose authority is | ||
| derived from the laws or constitution of this state; and | ||
| (4) a private entity engaged in state action. | ||
| Sec. 135.0002. LIABILITY FOR DEPRIVATION OF RIGHTS, | ||
| PRIVILEGES, OR IMMUNITIES UNDER COLOR OF LAW. (a) A person may bring | ||
| an action for any appropriate relief, including legal or equitable | ||
| relief, against another person, including a public entity, who, | ||
| under the color of law, deprived or caused to be deprived the person | ||
| bringing the action of a right, privilege, or immunity secured by | ||
| the Texas Constitution. | ||
| (b) A person must bring an action under this chapter not | ||
| later than two years after the day the cause of action accrues. | ||
| Sec. 135.0003. APPLICABILITY OF OTHER LAW; PROHIBITED | ||
| DEFENSES. (a) Notwithstanding any other law, a statutory immunity | ||
| or limitation on liability, damages, or attorney's fees does not | ||
| apply to an action brought under this chapter. | ||
| (b) Notwithstanding any other law, qualified immunity or a | ||
| defendant's good faith but erroneous belief in the lawfulness of | ||
| the defendant's conduct is not a defense to an action brought under | ||
| this chapter. | ||
| Sec. 135.0004. ATTORNEY'S FEES AND COSTS. (a) In an action | ||
| brought under this chapter, a court shall award reasonable | ||
| attorney's fees and costs to a prevailing plaintiff. | ||
| (b) In an action brought under this chapter, if a judgment | ||
| is entered in favor of a defendant, the court may award reasonable | ||
| attorney's fees and costs to the defendant only for defending | ||
| claims the court finds frivolous. | ||
| Sec. 135.0005. INDEMNIFICATION REQUIRED; EXCEPTION. (a) | ||
| Notwithstanding any other law and except as provided by Subsection | ||
| (b), a public entity shall indemnify a public employee of the entity | ||
| for liability incurred by and a judgment imposed against the | ||
| employee in an action brought under this chapter. | ||
| (b) A public entity is not required to indemnify a public | ||
| employee of the entity under Subsection (a) if the employee was | ||
| convicted of a criminal violation for the conduct that is the basis | ||
| for the action brought under this chapter. | ||
| SECTION 2. Chapter 135, Civil Practice and Remedies Code, | ||
| as added by this Act, applies only to a cause of action that accrues | ||
| on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
