88R3465 AJZ-F
 
  By: West S.B. No. 571
 
 
A BILL TO BE ENTITLED
AN ACT
relating to interactions between law enforcement and individuals
detained or arrested on suspicion of the commission of criminal
offenses, witnesses to the commission of those offenses, and other
members of the public, to peace officer liability for those
interactions, and to the confinement, conviction, or release of
detained or arrested individuals.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  This Act shall be known as the George Floyd Law
Enforcement Accountability Act.
       SECTION 2.  Title 6, Civil Practice and Remedies Code, is
amended by adding Chapter 135 to read as follows:
CHAPTER 135. PEACE OFFICER LIABILITY FOR DEPRIVATION OF CERTAIN
RIGHTS, PRIVILEGES, OR IMMUNITIES
       Sec. 135.0001.  DEFINITIONS. In this chapter:
             (1)  "Peace officer" has the meaning assigned by
Article 2.12, Code of Criminal Procedure.
             (2)  "Public entity" means:
                   (A)  this state;
                   (B)  a political subdivision of this state,
including a municipality or county; and
                   (C)  any other governmental agency whose
authority is derived from the laws or constitution of this state.
       Sec. 135.0002.  PEACE OFFICER 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 a peace officer who, under the color of
law, deprived the person of or caused the person to be deprived 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 date 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 peace officer employed by the
entity for liability incurred by and a judgment imposed against the
officer in an action brought under this chapter.
       (b)  A public entity is not required to indemnify a peace
officer employed by the entity under Subsection (a) if the officer
was convicted of a criminal violation for the conduct that is the
basis for the action brought under this chapter.
       SECTION 3.  Article 2.13(b), Code of Criminal Procedure, is
amended to read as follows:
       (b)  The officer [shall]:
             (1)  may, if authorized [in every case authorized by
the provisions of this Code], interfere without warrant to prevent
or suppress crime;
             (2)  shall execute all lawful process issued to the
officer by any magistrate or court;
             (3)  shall give notice to some magistrate of all
offenses committed within the officer's jurisdiction, if [where]
the officer has probable cause [good reason] to believe there has
been a violation of the penal law; [and]
             (4)  may, if authorized, arrest offenders without
warrant so [in every case where the officer is authorized by law, in
order] that they may be taken before the proper magistrate or court
and be tried;
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Statutes affected:
Introduced: Local Government Code 142.067, Local Government Code 143.003, Local Government Code 143.008, Local Government Code 143.057, Local Government Code 143.307, Local Government Code 143.361, Local Government Code 174.005, Penal Code 9.51, Transportation Code 543.001, Transportation Code 543.004 (Penal Code 9, Transportation Code 543, Local Government Code 142, Local Government Code 143, Local Government Code 174)