Bill Text: TX SB575 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the creation of a cause of action for deprivation of rights and the waiver of immunity.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-17 - Referred to State Affairs [SB575 Detail]
Download: Texas-2023-SB575-Introduced.html
| By: Gutierrez | S.B. No. 575 | |
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| relating to the creation of a cause of action for deprivation of | ||
| rights and the waiver of immunity | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 5, Civil Practices and Remedies Code, is | ||
| amended by adding Chapter 106A to read as follows: | ||
| CHAPTER 106A. DEPRIVATION OF RIGHTS | ||
| 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 | ||
| frivolous. | ||
| (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. | ||
