Bill Text: TX HB2641 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to a civil action for deprivation of rights.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-02 - Left pending in committee [HB2641 Detail]
Download: Texas-2011-HB2641-Introduced.html
82R10649 DAK-D | ||
By: Burnam | H.B. No. 2641 |
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relating to a civil action for deprivation of rights. | ||
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. CIVIL ACTION FOR DEPRIVATION OF RIGHTS | ||
Sec. 135.001. CIVIL ACTION. (a) Except as provided by | ||
Subsection (b), every person who, under color of any statute, | ||
ordinance, regulation, custom, or usage of this state or any | ||
political subdivision of this state, subjects, or causes to be | ||
subjected, a person in this state to the deprivation of any rights, | ||
privileges, or immunities secured by the constitution or laws of | ||
this state shall be liable to the party injured in an action at law, | ||
suit in equity, or other proper proceeding for redress, including | ||
exemplary damages and all damages incurred by the injured party as a | ||
result of the deprivation. | ||
(b) In any action brought against a judicial officer for an | ||
act or omission taken in the officer's judicial capacity, | ||
injunctive relief may not be granted unless a declaratory decree is | ||
violated or declaratory relief is unavailable. | ||
Sec. 135.002. ATTORNEY'S FEES. A court may award attorney's | ||
fees to an injured party who prevails in a civil action under this | ||
chapter. | ||
Sec. 135.003. COURT COSTS AND EXPERT FEES. A court may | ||
award court costs and expert fees to an injured party who prevails | ||
in a civil action 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. An action that accrued | ||
before the effective date of this Act is governed by the law | ||
applicable to the action immediately before the effective date of | ||
this Act, and that law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2011. |