HBA-PDH H.B. 759 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 759 By: Dutton Civil Practices 4/19/1999 Introduced BACKGROUND AND PURPOSE Traditionally, a person who seeks to recover damages for a violation of that person's state-secured civil rights by a governmental entity brings an action under 42 U.S.C. Section 1983 (Section 1983), rather than seeking damages under the person's state constitution. This may be due to the fact that historically state constitutions have been used as a defense to criminal or civil liability or as a ground for injunctive relief. A recent trend in the federal courts to increasingly deny pendent state rights, whether constitutional or statutory, may threaten the use of Section 1983 to seek damages for violations of civil rights guaranteed by state constitutions. To protect civil rights secured by their constitutions, states may have to respond by providing for adequate compensatory damages to a person for deprivation of a right secured by state constitutions. H.B. 759 authorizes a person to recover damages for deprivation of a right secured by the state constitution if the cause of action arises from the action or failure to act of an officer, employee, or agent of the state or from a political subdivision of the state acting or failing to act in an official capacity or purported official capacity. However, this provision does not waive a defense, immunity, or jurisdictional bar which is available to an officer, employee, or agent of the state. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 5, Civil Practice and Remedies Code, by adding Chapter 112, as follows: CHAPTER 112. DEPRIVATION OF A RIGHT SECURED BY THE STATE CONSTITUTION Sec. 112.001. RECOVERY OF DAMAGES FOR DEPRIVATION OF RIGHT. Authorizes a person to recover damages for deprivation of a right secured by the state constitution if the cause of action arises from the action or failure to act of an officer, employee, or agent of the state or from a political subdivision of the state acting or failing to act in an official capacity or purported official capacity. Sec. 112.002. COSTS AND ATTORNEY'S FEES. Entitles a person recovering damages under Section 112.001 to recover costs, witness fees, and reasonable attorney's fees incurred in bringing the suit. Sec. 112.003. NO WAIVER OF DEFENSES. Provides that this chapter does not waive a defense, immunity, or jurisdictional bar which is available to an officer, employee, or agent of the state. SECTION 2.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3.Emergency clause.