Bill Text: TX SB1745 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the liability of the state for a violation of the federal Americans with Disabilities Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-24 - Referred to State Affairs [SB1745 Detail]
Download: Texas-2015-SB1745-Introduced.html
84R4276 LED-D | ||
By: Hinojosa | S.B. No. 1745 |
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relating to the liability of the state for a violation of the | ||
federal Americans with Disabilities Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 5, Civil Practice and Remedies Code, is | ||
amended by adding Chapter 112 to read as follows: | ||
CHAPTER 112. LIABILITY OF STATE UNDER CERTAIN FEDERAL LAWS | ||
Sec. 112.001. DEFINITION. In this chapter, "state | ||
government" has the meaning assigned by Section 101.001. | ||
Sec. 112.002. WAIVER OF IMMUNITY. (a) The sovereign | ||
immunity of the state government from suit and from liability is | ||
waived for the limited purpose of allowing any person to maintain a | ||
lawsuit in state or federal court and obtain relief from the state | ||
government under the Americans with Disabilities Act (42 U.S.C. | ||
Section 12101 et seq.). | ||
(b) This section does not require the state government to: | ||
(1) provide an individual with a disability with: | ||
(A) a personal or individually prescribed | ||
device, such as a wheelchair, prescription eyeglasses, or a hearing | ||
aid; or | ||
(B) services of a personal nature, such as | ||
assistance in eating, toileting, or dressing; or | ||
(2) take any other action not required under the | ||
Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) | ||
or a regulation adopted under that Act, including an action that | ||
would result in: | ||
(A) a fundamental alteration in the nature of a | ||
service, program, or activity; or | ||
(B) undue financial and administrative burdens. | ||
(c) If a particular accommodation would result in | ||
circumstances described by Subsection (b)(2), the state government | ||
must: | ||
(1) determine whether another accommodation is | ||
available that would not result in those circumstances; and | ||
(2) take an alternative action that does not result in | ||
those circumstances if the alternative action is required by the | ||
Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) | ||
or a regulation adopted under that Act. | ||
Sec. 112.003. LIMITATION ON AMOUNT OF LIABILITY. An award | ||
of money damages under Section 112.002 for an employee of the state | ||
government who proves a claim of employment-related discrimination | ||
under the Americans with Disabilities Act (42 U.S.C. Section 12101 | ||
et seq.) may not exceed: | ||
(1) $250,000 for each person; and | ||
(2) $500,000 for each single occurrence. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a cause of action that accrues on or after the effective date of | ||
this Act. A cause of action that accrues before the effective date | ||
of this Act is governed by the law applicable to the cause of action | ||
immediately before that date, and that law is continued in effect | ||
for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2015. |