|
  |
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to civil liability arising out of justified uses of or |
|
threats to use force or deadly force. |
|
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
       SECTION 1.  Section 83.001, Civil Practice and Remedies |
|
Code, is amended to read as follows: |
|
       Sec. 83.001.  CIVIL IMMUNITY. A defendant who uses or |
|
threatens to use force or deadly force that is justified under |
|
Chapter 9, Penal Code, is immune from civil liability for personal |
|
injury or death that results from the defendant's use of or threat |
|
to use force or deadly force, as applicable. |
|
       SECTION 2.  Chapter 83, Civil Practice and Remedies Code, is |
|
amended by adding Section 83.002 to read as follows: |
|
       Sec. 83.002.  ATTORNEY'S FEES; COSTS AND EXPENSES. A |
|
defendant who is found to be immune from liability under Section |
|
83.001 is entitled to recover reasonable attorney's fees, court |
|
costs, lost income, and other expenses incurred by the defendant in |
|
connection with the action. |
|
       SECTION 3.  Section 9.06, Penal Code, is repealed. |
|
       SECTION 4.  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 the effective date of this Act, and that law is |
|
continued in effect for that purpose. |
|
       SECTION 5.  This Act takes effect September 1, 2025. |
Introduced: Civil Practice and Remedies Code 83.001, Penal Code 9.06 (Penal Code 9, Civil Practice and Remedies Code 83)