| HB 113 | Fletcher, Allen(R) | Relating to prohibiting abortion that is based on the sex of the unborn child. |
| Specific Remarks: | Sec. 170.004. CIVIL REMEDIES. (a) A civil action may be brought against a person who violates Section 170.003 by: (1) the woman on whom an abortion was performed or attempted in violation of Section 170.003; |
| Bill History: | 11-10-14 H Filed 02-09-15 H Introduced and referred to committee on House State Affairs |
| HB 176 | Kleinschmidt(R) | Relating to protection of the right to keep and bear arms within the State of Texas. |
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| Specific Remarks: | Sec. 115.004. REMEDIES. (a) A person who knowingly violates Section 115.003(b) is liable under this section to a law-abiding citizen whose right to keep and bear arms was infringed by the person. |
| Bill History: | 11-10-14 H Filed 02-12-15 H Introduced and referred to committee on Select on State/Federal Power Responsibility |
| HB 232 | Farrar, Jessica(D) | Relating to the promotion of breast-feeding and the prohibition against interference with or restriction of the right to breast-feed. |
| Specific Remarks: | An interested person may bring a civil action against a person alleged to have violated Section 165.002. |
| General Remarks: | cause of action for interfering with public breastfeeding, civil penalty $500 per day plus attorney fees |
| Bill History: | 03-17-15 H Meeting set for 11:30 A.M. OR ADJ., E2.016 – House Business and Industry 03-17-15 H Committee action pending House Business and Industry 04-28-15 H Voted favorably from committee as substituted House Business and Industry |
| HB 264 | Miles, Borris(D) | Relating to procedures for asserting taking claims against certain governmental entities. |
| Bill History: | 11-12-14 H Filed 02-11-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence |
| HB 311 | Canales, Terry(D) | Relating to an executory contract for the conveyance of real property. |
| Specific Remarks: | (e) A seller who violates this section is liable to the purchaser in the same manner and for the same amount as a seller who violates Section 5.079 is liable to a purchaser, except the damages may not exceed the greater of the value of the property or the amount paid under the contract. An action to recover damages under this section may be brought as an action for declaratory judgment under Chapter 37, Civil Practice and Remedies Code. This subsection does not limit or affect any other rights or remedies a purchaser has under other law. |
| Bill History: | 04-23-15 H Laid out for consideration in the House at 1:16pm 04-23-15 H Passed (Vote: Y:132/N: 7) 04-27-15 S Received in the Senate |
| HB 354 | Dutton, Harold(D) | Relating to a suit for legal separation in a marriage. |
| Specific Remarks: | Sec. 6.851. ACTION AUTHORIZED. A person may file a suit for 15 legal separation from the person’s spouse as provided by this 16 subchapter. |
| Bill History: | 02-12-15 H Introduced and referred to committee on House Juvenile Justice and Family Issues 03-25-15 H Meeting set for 10:30 A.M. OR ADJ., E2.016 – House Juvenile Justice and Family Issues 03-25-15 H Committee action pending House Juvenile Justice and Family Issues |
| HB 359 | Springer, Drew(R) | Relating to a court order to disannex an area from a municipality. |
| General Remarks: | Expands COA |
| Bill History: | 02-12-15 H Introduced and referred to committee on House Land and Resource Management 03-09-15 H Meeting set for 2:00 p.m. or adj., E2.016 – House Land and Resource Management 03-09-15 H Committee action pending House Land and Resource Management |
| HB 413 | Goldman, Craig(R) | Relating to protection of the right to keep and bear arms within the State of Texas. |
| Companions: |
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| Specific Remarks: | Sec. 115.004. REMEDIES. (a) A person who knowingly violates Section 115.003(b) is liable under this section to a law-abiding citizen whose right to keep and bear arms was infringed by the person. (b) A law-abiding citizen described by Subsection (a) may recover: (1) declaratory relief under Chapter 37; (2) injunctive relief to prevent the threatened violation or continued violation; (3) compensatory damages for pecuniary and nonpecuniary losses; and (4) reasonable attorney’s fees, court costs, and other reasonable expenses required in bringing the action. |
| Bill History: | 02-16-15 H Introduced and referred to committee on Select on State/Federal Power Responsibility 03-19-15 H Meeting set for 10:30 A.M. OR ADJ., E2.036 – Select on State/Federal Power Responsibility 03-19-15 H Committee action pending Select on State/Federal Power Responsibility |
| HB 419 | Wu, Gene(D) | Relating to federal income tax liability for certain damages awarded in certain civil actions. |
| Specific Remarks: | Sec. 41.015. FEDERAL INCOME TAX LIABILITY FOR CERTAIN DAMAGES. If compensatory damages awarded to a claimant for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value, or loss of inheritance are reduced for federal income tax payments or liability as described by Section 18.091(a) and are awarded based on a finding or instruction that a recovery for those damages is not subject to federal income tax, and if the claimant is later determined to be liable for federal income tax on that recovery, a defendant found liable for those damages must pay the claimant an amount sufficient to satisfy the claimant’s federal income tax liability for that recovery. |
| General Remarks: | Tort Damages – Adds 41.015, CPRC, to require a defendant to reimburse a prevailing plaintiff for federal income taxes later determined to be owed on compensatory damages for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value, or loss of inheritance, provided that the damages were awarded on a finding or instruction that no federal income taxes would be owed. |
| Bill History: | 02-19-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence 04-14-15 H Meeting set for 2:00 P.M. OR ADJ., E2.026 – House Judiciary and Civil Jurisprudence 04-14-15 H Committee action pending House Judiciary and Civil Jurisprudence |
| HB 483 | Capriglione, Giovanni(R) | Relating to the establishment and administration of a state bullion depository. |
| Specific Remarks: | Sec. 2116.009. CA– USE OF ACTION FOR DENIAL OF DEPOSIT LIABILITY. (a) A cause of action for denial of deposit liability on a depository account contract without a maturity date does not accrue until the depository has denied liability and given notice of the denial to the depository account holder… |
| Bill History: | 03-25-15 H Committee action pending House Investments and Financial Services 04-01-15 H Voted favorably from committee on House Investments and Financial Services 04-06-15 H Reported favorably from committee on House Investments and Financial Services |
| HB 496 | Gonzalez, Mary(D) | Relating to civil and criminal liability for the disclosure or promotion of certain intimate visual material. |
| Specific Remarks: | A defendant is liable, as provided by this chapter, to a person depicted in intimate visual material for damages arising from promotion of the intimate visual material if the defendant knowingly or intentionally… |
| General Remarks: | Tort Liability – Creates a cause of action for the knowing and intentional disclosure or promotion of intimate visual material without consent; a prevailing claimant may recover actual damages (including mental anguish even if no other damages shown), court costs, attorney’s fees, and exemplary damages; a defendant is jointly and severally liable for the entire amount of damages. The bill also establishes a criminal offense for such conduct. |
| Bill History: | 03-11-15 H Committee action pending House Criminal Jurisprudence 04-16-15 H Voted favorably from committee as substituted House Criminal Jurisprudence 04-22-15 H Reported from committee as substituted House Criminal Jurisprudence |
| HB 512 | Moody, Joe(D) | Relating to waiver of immunity in certain employment discrimination actions in connection with a workers’ compensation claim. |
| General Remarks: | Sovereign Immunity/Governmental Immunity/Local Government – Waives sovereign or governmental immunity for a suit against a state or local governmental entity brought by a first responder employed by the entity; limits damages in such a suit to $100,000 for each aggrieved claimant. |
| Bill History: | 04-17-15 H Recommended for Local and Consent Calendar 04-30-15 H Set on the House Calendar 04-30-15 H Set on the Local Calendar |
| HB 532 | McClendon, Ruth Jones(D) | Relating to the ability of a nonexempt employee to participate in certain academic, extracurricular, and developmental activities of the employee’s child. |
| Specific Remarks: | Sec. 83.007. EMPLOYER RETALIATION PROHIBITED. (a) An employer may not suspend or terminate the employment of, or otherwise discriminate against, an employee who takes a planned absence authorized by this chapter to attend a meeting or participate in an activity of the employee’s child if the employee has fulfilled the requirements of Section 83.003(d). (b) An employee whose employment is suspended or terminated in violatio n of this chapter is entitled to: (1) reinstatement to the employee’s former position or a |
| Bill History: | 02-18-15 H Introduced and referred to committee on House Business and Industry 03-17-15 H Meeting set for 11:30 A.M. OR ADJ., E2.016 – House Business and Industry 03-17-15 H Committee action pending House Business and Industry |
| HB 630 | Bonnen, Greg(R) | Relating to requiring state contractors and governmental entities to participate in the federal electronic verification of work authorization program, or E-Verify. |
| Specific Remarks: | Sec. 53.114. JUDICIAL REVIEW. (a) A party who has exhausted the party’s administrative remedies under this chapter, other than a motion for rehearing, may bring a suit to appeal the order. |
| Bill History: | 01-08-15 H Filed 02-26-15 H Introduced and referred to committee on House State Affairs |
| HB 860 | Rodriguez, Eddie(D) | Relating to employer retaliation against employees who seek recovery of unpaid wages and procedures in wage claim hearings conducted by the Texas Workforce Commission. |
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| Specific Remarks: | Sec. 61.021. EMPLOYER RETALIATION PROHIBITED; CA– USE OF ACTION. (a) An employer may not suspend or terminate the employment of, or in any other manner discipline, discriminate against, or retaliate against an employee who in good faith seeks to recover wages owed to the employee by: (1) filing a complaint with a governmental entity; (2) seeking or accepting the assistance of a nonprofit organization or an employee rights organization; (3) exercising or attempting to exercise a right or remedy granted to the employee by a contract, local ordinance or order, or federal or state law; or (4) filing a wage claim under Subchapter D. (b) An employee who is the subject of an adverse employment action prohibited under Subsection (a) may bring suit against the employer, including an action in a district court for appropriate injunctive relief. |
| General Remarks: | Remarks copied from: TX84RSB 151 (01-23-2015 – 11:02:44) Employment Law – Prohibits an employer from retaliating against an employee who in good faith files a claim to recover unpaid wages; allows an employee who is subject to an adverse employment action to bring suit against an employer in a district court for monetary and injunctive relief; if the employee prevails in the suit, the employee may recover reasonable damages, additional damages in the amount of the employee’s average wages for a two-week period plus $500, court costs and reasonable attorney’s fees; further entitles the prevailing employee to reinstatement to the employee’s former or comparable position, plus reinstatement of benefits and seniority; authorizes the Workforce Commission, a commission examiner, or a wage tribunal to assess an administrative penalty of $1,000 per violation against an employer who unlawfully retaliates against an employee who files a wage claim; creates a rebuttable presumption that the employee’s testimony regarding hours worked, pay rate, and earnings are correct, if the employer has violated wage reporting requirements; the employer may overcome the presumption by clear and convincing evidence of the employee’s hours, rate and earnings. |
| Bill History: | 04-07-15 H Committee action pending House Business and Industry 04-21-15 H Voted favorably from committee on House Business and Industry 04-22-15 H Reported favorably from committee on House Business and Industry |
| HB 968 | Hernandez, Ana(D) | Relating to civil liability of shareholders and members of certain legal entities that engage in the trafficking of persons. |
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| Specific Remarks: | Sec. 98.0025. SHAREHOLDER AND MEMBER LIABILITY. (a) This section applies to a legal entity governed by Title 2, 3, or 7, Business Organizations Code. (b) Notwithstanding any provision of the Business Organizations Code, if a legal entity described by Subsection (a) is liable under Section 98.002, a shareholder or member of that entity is jointly and severally liable with the entity to the person trafficked for damages arising from the trafficking of that person if the person demonstrates that the shareholder or member caused the entity to be used did traffic that person for the direct personal benefit of the shareholder or member. |
| Bill History: | 03-25-15 H Recommended for Local and Consent Calendar 04-30-15 H Set on the House Calendar 04-30-15 H Set on the Local Calendar |
| HB 997 | Davis, Yvonne(D) | Relating to certain duties of employers voluntarily participating in the federal E-Verify program and of the Texas Workforce Commission in regard to the E-Verify program. |
| Specific Remarks: | Sec. 53.102. CIVIL ACTION BY EMPLOYEE OR EMPLOYMENT APPLICANT. A person who is injured by an employer’s violation of Section 53.052 may bring a civil action against the employer in a court in the county in which the complainant resides or in which the complainant is employed. |
| Bill History: | 01-28-15 H Filed 03-05-15 H Introduced and referred to committee on House State Affairs |
| HB 1020 | Giddings, Helen(D) | Relating to credit services organizations and extensions of consumer credit facilitated by credit services organizations. |
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| Specific Remarks: | (e) Notwithstanding Section 14.252, the commissioner may assess an administrative penalty in an amount not to exceed $2,000 for each violation against a credit access business that violates this section, regardless of whether the violation is knowing or wilful. (f) A consumer may maintain an action under this section for any violation of this section. In any suit filed under this section, a consumer may recover: (1) damages in an amount not to exceed $10,000 for each violation; and (2) court costs and reasonable and necessary attorney’s fees. |
| Bill History: | 01-28-15 H Filed 03-02-15 H Introduced and referred to committee on House Investments and Financial Services 04-29-15 H Meeting set for 8:30 A.M., E2.028 – House Investments and Financial Services |
| HB 1046 | Collier, Nicole(D) | Relating to disclosure of information regarding and conditions for payment of death benefits under certain policies, contracts, and group benefit plans. |
| Specific Remarks: | Sec. 1101.205. PENALTY; DISCIPLINARY ACTION. (a) A person who does not make a disclosure required by this subchapter in the time prescribed by Section 1101.204(b) is liable to the person who granted the power of attorney to the person who submitted the request for a penalty, recoverable in a civil action, in an amount not to exceed $500 for each violation. Each day the violation continues is a separate violation. |
| Bill History: | 01-29-15 H Filed 03-02-15 H Introduced and referred to committee on House Insurance |
| HB 1102 | Thompson, Senfronia(D) | Relating to the statute of limitations for a suit for personal injury arising from certain offenses constituting sexual abuse of a child. |
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| Specific Remarks: | LIMITATIONS PERIOD FOR CLAIMS ARISING FROM CERTAIN OFFENSES. (a) A person may bring suit for personal injury at any time if the injury arises as a result of conduct that violates… |
| General Remarks: | Statutes of Limitation – Amends 16.0045, CPRC, to eliminate the 5-year statute of limitation for personal injury actions arising from the sexual assault of a child or sexual misconduct with a child. |
| Bill History: | 03-02-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence 04-14-15 H Meeting set for 2:00 P.M. OR ADJ., E2.026 – House Judiciary and Civil Jurisprudence 04-14-15 H Committee action pending House Judiciary and Civil Jurisprudence |
| HB 1124 | Workman, Paul(R) | Relating to adjudication of claims arising from written contracts with state agencies. |
| Specific Remarks: | Expands COA |
| Bill History: | 03-02-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence 04-14-15 H Meeting set for 2:00 P.M. OR ADJ., E2.026 – House Judiciary and Civil Jurisprudence 04-14-15 H Committee action pending House Judiciary and Civil Jurisprudence |
| HB 1199 | Simpson, David(R) | Relating to producing, selling, distributing, or promoting certain synthetic substances as a violation of the Deceptive Trade Practices-Consumer Protection Act. |
| Specific Remarks: | Adds a violation:(28) producing, selling, distributing, or promoting a synthetic substance that produces and is intended to produce an effect when consumed or ingested similar to, or in excess of, the effect of a controlled substance or controlled substance analogue, as those terms are defined by Section 481.002, Health and Safety Code. |
| Bill History: | 04-21-15 H Committee action pending House Business and Industry 04-22-15 H Voted favorably from committee as substituted House Business and Industry 04-27-15 H Reported from committee as substituted House Business and Industry |
| HB 1200 | Simpson, David(R) | Relating to civil liability of a person who produces, distributes, sells, or provides or aids in the production, distribution, sale, or provision of certain synthetic substances to another person for damages caused by the ot |
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| Specific Remarks: | Sec. 481.1191. CIVIL LIABILITY FOR ENGAGING IN OR AIDING IN PRODUCTION, DISTRIBUTION, SALE, OR PROVISION OF SYNTHETIC SUBSTANCES. (a) In this section… 19 (b) A person is liable for all damages caused by the consumption or ingestion of a synthetic substance by another person if the actor: (1) produced, distributed, sold, or provided the synthetic substance to the other person; or (2) aided in the production, distribution, sale, or provision of the synthetic substance to the other person… |
| Bill History: | 04-14-15 H Committee action pending House Judiciary and Civil Jurisprudence 04-22-15 H Voted favorably from committee as substituted House Judiciary and Civil Jurisprudence 04-28-15 H Reported from committee as substituted House Judiciary and Civil Jurisprudence |
| HB 1239 | Walle, Amando(D) | Relating to the provision of accounting statements by mortgage servicers for certain loans secured by a lien on residential real property. |
| Specific Remarks: | Sec. 397.004. ACTION BY BORROWER. In addition to any other legal and equitable remedy available, a borrower injured by a violation of this chapter may bring an action: (1) to obtain an order requiring compliance with this chapter; and (2) to recover: (A) actual damages, including reasonable attorney’s fees; and (B) $100 for each violation of this chapter. |
| Bill History: | 03-03-15 H Introduced and referred to committee on House Investments and Financial Services 04-08-15 H Meeting set for 2:00 P.M. OR ADJ., E2.028 – House Investments and Financial Services 04-08-15 H Committee action pending House Investments and Financial Services |
| HB 1257 | Shaheen, Matt (F)(R) | Relating to the use by a political subdivision of public money for lobbying activities or lobbyists. |
| Specific Remarks: | (f) If a political subdivision engages in an activity prohibited by Subsection (b) or (e) or if any association or organization supported wholly or partly by payments of tax receipts from political subdivisions engages in an activity described by Subsection (c)(4) or (5), a taxpayer of a political subdivision that pays fees or dues to the association or organization is entitled to appropriate injunctive relief to prevent any further activity prohibited by Subsection (b) or (e) or described by Subsection (c)(4) or (5) or any further payments of fees or dues. (g) A taxpayer who prevails in an action under Subsection (f) is entitled to recover from the political subdivision the taxpayer’s reasonable attorney’s fees and costs incurred in bringing the action. |
| Bill History: | 03-04-15 H Introduced and referred to committee on House General Investigating and Ethics 04-09-15 H Meeting set for 10:30 A.M. OR ADJ., E2.026 – House General Investigating and Ethics 04-09-15 H Committee action pending House General Investigating and Ethics |
| HB 1265 | Wu, Gene(D) | Relating to a deceptive act or practice related to an unsolicited advertisement of goods and services sent by mail. |
| Specific Remarks: | EXPANDS DTPA: (28) delivering or distributing a solicitation in connection with a good or service that: (A) represents that the solicitation is sent on behalf of a governmental entity when it is not; or (B) resembles a governmental notice or form that represents or implies that a criminal penalty may be imposed if the… |
| Bill History: | 03-17-15 H Committee action pending House Business and Industry 03-24-15 H Voted favorably from committee as substituted House Business and Industry 03-31-15 H Reported from committee as substituted House Business and Industry |
| HB 1281 | Rodriguez, Eddie(D) | Relating to requiring reasonable workplace accommodations for and prohibiting discrimination against employees or applicants for employment with limitations related to pregnancy, childbirth, or a related condition. |
| Specific Remarks: | Sec. 21.1285. REASONABLE WORKPLACE ACCOMMODATION FOR PERSONS WITH LIMITATIONS RELATED TO PREGNANCY, CHILDBIRTH, OR… (a) This section applies only to an employee or applicant for employment who has a known limitation related to pregnancy, childbirth, or a related medical condition. (b) It is an unlawful employment practice for a respondent covered under this chapter to: (1) fail or refuse to make a reasonable workplace accommodation to a known limitation of an individual described by Subsection (a), unless the respondent demonstrates that the workplace accommodation would impose an undue hardship on the operation of the business of the respondent… |
| Bill History: | 02-10-15 H Filed 03-04-15 H Introduced and referred to committee on House Business and Industry |
| HB 1367 | Pena, Gilbert (F)(R) | Relating to eliminating the wrongful birth and wrongful life causes of action. |
| Specific Remarks: | (e) A claimant may only recover damages associated with disability or disease of a child in a claim described by Subsection (d)(2)(B). Primarily eliminates liability, but allows for damages under limited portion of this section. |
| Bill History: | 02-12-15 H Filed 03-09-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence |
| HB 1381 | Moody, Joe(D) | Relating to the employment of certain peace officers, detention officers, county jailers, or firefighters who are injured in the course and scope of duty. |
| Specific Remarks: | Sec. 614.203. REMEDIES; BURDEN OF PROOF. (a) An employer who violates Section 614.202 is liable for reasonable damages incurred by the peace officer, detention officer, county jailer, or firefighter as a result of the violation. |
| Bill History: | 03-09-15 H Introduced and referred to committee on House Homeland Security and Public Safety 03-24-15 H Meeting set for 8:00 A.M., E2.014 – House Homeland Security and Public Safety 03-24-15 H Committee action pending House Homeland Security and Public Safety |
| HB 1390 | Thompson, Senfronia(D) | Relating to remedies for discrimination by a public employer against a public employee in connection with a claim for workers’ compensation. |
| Specific Remarks: | (b) A public employee who alleges a violation of Section 451.001 may sue the state or local governmental entity for the relief provided by this chapter. Sovereign and governmental immunity is waived and abolished to the extent of liability for the relief allowed under this chapter for a violation of Section 451.001… |
| Bill History: | 04-07-15 H Committee action pending House Business and Industry 04-16-15 H Voted favorably from committee on House Business and Industry 04-20-15 H Reported favorably from committee on House Business and Industry |
| HB 1515 | Canales, Terry(D) | Relating to the consideration by employers of the consumer credit reports or other credit information of employees and applicants for employment. |
| Specific Remarks: | Sec. 52.087. CIVIL ACTION BY EMPLOYEE OR APPLICANT. (a) An employee or applicant aggrieved by a violation of this subchapter may bring a civil action to enforce rights protected by this subchapter, including an action for appropriate injunctive relief, in the district court in the county in which the alleged violation occurred or in which the alleged violator’s residence or principal place of business is located. |
| Bill History: | 03-10-15 H Introduced and referred to committee on House Business and Industry 04-28-15 H Meeting set for 2:00 P.M. OR ADJ., E2.016 – House Business and Industry 04-28-15 H Committee action pending House Business and Industry |
| HB 1522 | Farrar, Jessica(D) | Relating to the prohibition of certain discrimination based on sexual orientation or gender identity or expression. |
| Specific Remarks: | Sec. 100B.051. PUBLIC ACCOMMODATIONS. (a) Except as provided by Subsection (b), a person commits a discriminatory practice and violates this chapter if the person, because of the sexual orientation or gender identity or expression of an individual: (1) denies that individual full and equal accommodations in any place of public accommodation in this state, subject only to the conditions and limitations established by law and applicable to all persons; or… |
| Bill History: | 02-17-15 H Filed 03-10-15 H Introduced and referred to committee on House State Affairs |
| HB 1620 | Galindo III, Rick (F)(R) | Relating to the prohibition of certain employment discrimination regarding an employee who is a volunteer emergency responder. |
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| Specific Remarks: | Sec. 23.002. DISCRIMINATION PROHIBITED; LIMITATION. (a) Except as provided by this chapter, an employer may not terminate or suspend the employment of, or in any other manner discriminate against, an employee who is a volunteer emergency responder and who is absent from or late to the employee’s employment because the employee is responding to an emergency in the employee’s capacity as a volunteer emergency responder. |
| Bill History: | 03-09-15 H Introduced and referred to committee on House Business and Industry 04-28-15 H Meeting set for 2:00 P.M. OR ADJ., E2.016 – House Business and Industry 04-28-15 H Committee action pending House Business and Industry |
| HB 1642 | Pickett, Joe(D) | Relating to the rights, remedies, and liability of certain owners and operators of environmentally contaminated property. |
| Specific Remarks: | BROADEN SOL UNDER 16.0032? Sec. 16.0032. ENVIRONMENTAL CONTAMINATION OF PROPERTY. (a) In an action for trespass for injury to the estate or to the property of another resulting from environmental contamination, the cause of action accrues for purposes of Section 16.003 …a final assessment report fully delineating and documenting the extent of the contamination in compliance with the requirements of the TCEQ is sent by certified mail to the owner of the affected property. (b) A person must bring suit for damages arising from an injury to property caused by environmental contamination originating from a source not located on or at the property… not later than 10 years after the date notice of the contamination… |
| Bill History: | 02-19-15 H Filed 03-09-15 H Introduced and referred to committee on House Environmental Regulation |
| HB 1732 | Smithee, John(R) | Relating to dispute resolution for certain claims arising under insurance policies issued by the Fair Access to Insurance Requirements (FAIR) Plan Association. |
| Bill History: | 03-12-15 H Introduced and referred to committee on House Insurance 04-22-15 H Meeting set for 11:00 A.M. OR ADJ., E2.036 – House Insurance 04-22-15 H Committee action pending House Insurance |
| HB 1815 | Burrows, Dustin (F)(R) | Relating to a prohibition of school district retaliation against a teacher for permissible teaching about the Bible. |
| Specific Remarks: | CREATES COA |
| Bill History: | 02-23-15 H Filed 03-12-15 H Introduced and referred to committee on House Public Education |
| HB 1877 | Springer, Drew(R) | Relating to civil and criminal liability for the disclosure of certain visual material on the Internet. |
| Specific Remarks: | Sec. 98B.002. LIABILITY FOR DISCLOSURE OF CERTAIN INTIMATE VISUAL MATERIAL ON INTERNET. A defendant is liable, as provided by this chapter, to a person depicted in intimate visual material for damages arising from the placement of the material on the Internet if the defendant intentionally engaged in conduct that violates Section 21.16, Penal Code, with respect to the material. |
| Bill History: | 02-24-15 H Filed 03-11-15 H Introduced and referred to committee on House Criminal Jurisprudence |
| HB 2062 | Raymond, Richard(D) | Relating to false claims against the state and actions by the state and private persons to prosecute those claims. |
| Specific Remarks: | Sec. 2116.102. CIVIL REMEDIES. (a) A person who commits a false claim under Section 2116.101 is liable to this state for: (1) a civil penalty in an amount not less than $5,000 and not more than $15,000 for each false claim committed by the person; (2) except as provided by Subsection (b), three times the amount of damages that this state sustains directly or indirectly as a result of the act of the person; and… |
| General Remarks: | TCJL OPPOSES Further review of this bill pending. Relating to false claims against the state and actions by the state and private persons to prosecute those claims. While designed to combat fraud involving state funds, this allows private bounty hunter plaintiffs to file lawsuits for “false” claims in the name of the State of Texas and override legal reform measures passed in the last 30 years. Allows defendants to be investigated without their knowledge for an extended period of time. Allows suit even when the defendant had no actual knowledge of the conduct in question . |
| Bill History: | 02-27-15 H Filed 03-27-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence |
| HB 2066 | Oliveira, Rene(D) | Relating to the rescission of nonjudicial foreclosure sales. |
| Specific Remarks: | (h) A civil action challenging the effectiveness of a rescission under this section may not be filed after the 90th day after the date the notices of rescission required by this section are served. This subsection does not affect the limitations period for an action claiming damages resulting from the rescission. |
| Bill History: | 04-22-15 H Laid out for consideration in the House at 11:20am 04-22-15 H Passed (Vote: Y:142/N: 0) 04-23-15 S Received in the Senate |
| HB 2142 | Oliveira, Rene(D) | Relating to corporations and fundamental business transactions. |
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| Specific Remarks: | Sec. 21.914. PROCEEDING REGARDING VALIDITY OF DEFECTIVE CORPORATE ACTS AND SHARES. (a) The following may bring an action under this section: (1) the corporation; (2) any successor entity to the corporation; (3) any member of the corporation’s board of directors; (4) any record or beneficial holder of valid shares or putative shares of the corporation; (5) any record or beneficial holder of valid shares or |
| Bill History: | 04-15-15 H Laid out for consideration in the House at 11:34am 04-15-15 H Postponed on second reading until 8:00 a.m., Wednesday, April 29, 2015 04-29-15 H Set on the House Calendar |
| HB 2375 | Dutton, Harold(D) | Relating to liability of a governmental unit for personal injury and death caused by the governmental unit’s negligence. |
| Specific Remarks: | Sec. 101.021. GOVERNMENTAL LIABILITY. A governmental unit in the state is liable for…(2) personal injury and death caused by the negligence of the governmental unit if the governmental unit would were it a private person, be liable to the claimant according to Texas law. |
| Bill History: | 03-04-15 H Filed 03-13-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence |
| HB 2537 | Vo, Hubert(D) | Relating to an employee’s right to leave to care for a sibling with a serious health condition. |
| Specific Remarks: | Sec. 83.005. PROHIBITED ACTS. (a) An employer may not interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under this chapter. (b) An employer may not discharge or otherwise discriminate against an individual for opposing a practice made unlawful by this chapter.. Sec. 83.006. ENFORCEMENT. (a) An employer who violates Section 83.005 is liable to an affected individual for damages equal to the amount of: (1) any wages, salary, employment benefits, or other compensation denied or lost to the individual by reason of the violation or, if wages, salary, employment benefits… |
| Bill History: | 03-06-15 H Filed 03-16-15 H Introduced and referred to committee on House Business and Industry |
| HB 2544 | Lozano, Jose(R) | Relating to adverse possession of real property by a cotenant heir against other cotenant heirs. |
| Specific Remarks: | EXPANDS WHO MAY BRING ACTION To make a claim of adverse possession against a cotenant heir under this section, the cotenant heir or heirs claiming adverse possession must: (1) file in the deed records of the county in which the real property is located an affidavit of heirship in the form prescribed by Section 203.002, Estates Code, and an affidavit of adverse possession that complies with the requirements of Subsection (d)… |
| Bill History: | 03-16-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence 04-21-15 H Meeting set for 2:00 P.M. OR ADJ., E2.026 – House Judiciary and Civil Jurisprudence 04-21-15 H Committee action pending House Judiciary and Civil Jurisprudence |
| HB 2573 | Johnson, Eric(D) | Relating to a deceptive trade practice related to the use of certain words to imply that a person who is not an attorney is authorized to practice law and the prosecution of a cause of action arising from that practice. |
| Specific Remarks: | Expands laundry list of DTPA actions. |
| Bill History: | 04-22-15 H Voted favorably from committee on House Judiciary and Civil Jurisprudence 04-27-15 H Reported favorably from committee on House Judiciary and Civil Jurisprudence 04-27-15 H Recommended for Local and Consent Calendar |
| HB 2590 | Johnson, Eric(D) | Relating to providing a remedy for fraud committed in certain real estate and stock transactions. |
| Specific Remarks: | CREATE NEW DTPA COA |
| Bill History: | 04-22-15 H Voted favorably from committee as substituted House Business and Industry 04-27-15 H Reported from committee as substituted House Business and Industry 04-27-15 H Recommended for Local and Consent Calendar |
| HB 2615 | Dutton, Harold(D) | Relating to the office of independent ombudsman for the Department of Family and Protective Services. |
| Specific Remarks: | Sec. 45.103. RETALIATION PROHIBITED. The department may not retaliate against a department employee or any other person who in good faith makes a complaint to the office or cooperates with the office in an investigation. |
| Bill History: | 03-09-15 H Filed 03-17-15 H Introduced and referred to committee on House Juvenile Justice and Family Issues |
| HB 2722 | Goldman, Craig(R) | Relating to prohibition of certain motor vehicles resembling emergency medical services vehicles. |
| Bill History: | 04-22-15 H Voted favorably from committee as substituted House Transportation 04-28-15 H Reported from committee as substituted House Transportation 04-28-15 H Recommended for Local and Consent Calendar |
| HB 2801 | Pena, Gilbert (F)(R) | Relating to the use of a bathroom, locker room, or shower facility in a public school. |
| Specific Remarks: | Sec. 38.253. LIABILITY FOR VIOLATION. (a) A school district is liable to a student who encounters a person not of the student’s biological sex in a bathroom, locker room, or shower facility that is designated for use by persons of the student’s biological sex if any employee of the district… |
| Bill History: | 03-10-15 H Filed 03-18-15 H Introduced and referred to committee on House State Affairs 04-15-15 H Meeting set for 10:30 A.M. OR ADJ., JHR 140 – House State Affairs |
| HB 2802 | Pena, Gilbert (F)(R) | Relating to the use of public bathrooms, locker rooms, and shower facilities. |
| Specific Remarks: | (b) An individual may not enter a public bathroom, locker room, or shower facility that is designated for use by persons of a sex that is not the same sex as the individual’s biological sex. A violation of this subsection is a Class B misdemeanor. (c) An individual who violates Subsection (b) is liable to a person who encounters the individual in the public bathroom, locker room, or shower facility. |
| Bill History: | 03-10-15 H Filed 03-18-15 H Introduced and referred to committee on House State Affairs |
| HB 2816 | Krause, Matt(R) | Relating to legislative and judicial review of state agency rulemaking. |
| Companions: |
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| Specific Remarks: | Sec. 2001.0321. DECLARATORY JUDGMENT. (a) Notwithstanding and without limiting any other remedy available under law to any person, a member of the legislature may bring an action for declaratory judgment if it is alleged that a member of a governing body of a state agency or an executive official of a state agency, while engaged in rulemaking for the state agency, has adopted a rule or proposed a rule for adoption without a grant of or contrary to a grant of statutory or constitutional authority to adopt the rule or proposed rule. |
| Bill History: | 03-10-15 H Filed 03-16-15 H Introduced and referred to committee on House State Affairs |
| HB 2949 | Klick, Stephanie(R) | Relating to advance directives, including do-not-resuscitate orders. |
| Companions: |
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| Specific Remarks: | (d) If a licensed health care professional does not comply with a revocation under Subsection (a) the patient or other declarant, the legal guardian, a qualified relative, or an agent of the patient having medical power of attorney may bring an action to obtain an injunction to enforce the revocation from a court of competent jurisdiction. |
| Bill History: | 03-10-15 H Filed 03-18-15 H Introduced and referred to committee on House State Affairs |
| HB 3053 | Fletcher, Allen(R) | Relating to complaints against a law enforcement officer or fire fighter. |
| Specific Remarks: | Sec. 614.022. COMPLAINT TO BE IN WRITING AND SIGNED By COMPLAINANT. To be considered by the head of a state agency or by the head of a fire department or local law enforcement agency, the complaint must… (2) set forth the alleged act or acts of misconduct; (3) for an internal complaint, identify the policy, rule, or law allegedly violated; and … Sec. 614.024. REMEDY AND WAIVER OF SOVEREIGN IMMUNITY. (a) An officer or employee may bring suit to enforce the provisions of this subchapter. |
| Bill History: | 04-24-15 H Meeting set for 10:30 A.M. OR ADJ., E2.030 – House Select on Emerging Issues in Law Enforc 04-23-15 H Meeting set for 10:30 A.M. OR ADJ., E2.030 – House Select on Emerging Issues in Law Enforc 04-22-15 H Removed from hearing 04/23/15 – House Select on Emerging Issues in Law Enforc |
| HB 3058 | Giddings, Helen(D) | Relating to the threat or pursuit of criminal charges against a consumer in association with certain extensions of consumer credit. |
| Specific Remarks: | Sec. 393.422. CIVIL REMEDIES. (a) For a violation of this subchapter against a consumer, the consumer may sue to: (1) receive injunctive relief to restrain the violation or to correct any negative credit issues caused by the violation… |
| Bill History: | 03-11-15 H Filed 03-24-15 H Introduced and referred to committee on House Investments and Financial Services 04-29-15 H Meeting set for 8:30 A.M., E2.028 – House Investments and Financial Services |
| HB 3095 | Thompson, Senfronia(D) | Relating to durable powers of attorney and advance directives. |
| Specific Remarks: | (b) A person who is requested to accept a durable power of attorney may bring an action in a court to construe the durable power of attorney. |
| Bill History: | 03-24-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence 04-21-15 H Meeting set for 2:00 P.M. OR ADJ., E2.026 – House Judiciary and Civil Jurisprudence 04-21-15 H Committee action pending House Judiciary and Civil Jurisprudence |
| HB 3151 | Smith, Wayne(R) | Relating to the licensing and regulation of pilots in certain ports. |
| Specific Remarks: | Judicial review of Board decision will now be by trial de novo. |
| Bill History: | 04-09-15 H Not heard in committee House Transportation 04-23-15 H Meeting set for 8:00 A.M., E2.012 – House Transportation 04-23-15 H Committee action pending House Transportation |
| HB 3166 | Collier, Nicole(D) | Relating to sovereign and governmental liability for workers’ compensation benefits and related relief. |
| Specific Remarks: | (b) Subject to the limitations on liability provided by Sections 101.023 and 101.024, a governmental unit is liable for workers’ compensation benefits and any other relief, including awards, damages, penalties, cost-shifting or fee-shifting awards, and equitable relief, provided for by the provisions of Subtitle C,Title 5, Labor Code, applicable to the governmental unit, including any provision of the workers’ compensation laws of this stateincorporated into a portion of that subtitle applicable to the goven nmental unit. |
| Bill History: | 03-11-15 H Filed 03-24-15 H Introduced and referred to committee on House Business and Industry |
| HB 3168 | Simmons, Ron(R) | Relating to remedies for oppression of minority shareholders by directors of closely held corporations. |
| Specific Remarks: | Sec. 21.227. REMEDIES FOR SHAREHOLDER OPPRESSION IN CLOSELY HELD CORPORATIONS… (b) If, in an action by a minority shareholder of a closely held corporation, it is established that the actions of the board of directors of the corporation are oppressive with respect to the shareholder, the court may order, in addition to any remedy authorized by this code, any legal or equitable remedy the court determines appropriate under the circumstances, including: …(2) the retention of jurisdiction by the court; … (4) an injunction against the oppressive conduct; … (8) payment of damages caused by the oppressive conduct. |
| Bill History: | 03-23-15 H Introduced and referred to committee on House Business and Industry 04-14-15 H Meeting set for 2:00 P.M., E2.016 – House Business and Industry 04-14-15 H Committee action pending House Business and Industry |
| HB 3170 | Schaefer, Matt(R) | Relating to the regulation of occupations by this state. |
| Companions: |
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| Specific Remarks: | Sec. 60.005. DECLARATORY JUDGMENT. (a) An individual may file suit against the state for declaratory judgment that a regulatory requirement imposed on an occupation violates Section 60.002(a). |
| Bill History: | 03-11-15 H Filed 03-23-15 H Introduced and referred to committee on Licensing and Administrative Procedures |
| HB 3171 | Simpson, David(R) | Relating to repealing civil asset forfeiture provisions and establishing criminal asset forfeiture in this state. |
| Companions: |
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| Specific Remarks: | (c) A person who acquired an ownership interest in property subject to forfeiture after the commission of an offense giving rise to the forfeiture and who claims to be an innocent owner must show that the person has legal right, title, or interest in the property seized under this chapter. If the person shows legal right, title, or interest in the property, the state must prove by a preponderance of the evidence that at the time the person acquired the property, the person: (1) had actual or constructive knowledge that the property was subject to forfeiture; or (2) did not purchase the property for valuable consideration without notice of any defect in title. |
| Bill History: | 03-24-15 H Introduced and referred to committee on House State Affairs 04-15-15 H Meeting set for 10:30 A.M. OR ADJ., JHR 140 – House State Affairs 04-15-15 H Committee action pending House State Affairs |
| HB 3177 | Collier, Nicole(D) | Relating to unfair settlement practices with respect to workers’ compensation insurance claims. |
| Specific Remarks: | Adds new claim for workers’ compensation. (c) This section applies to a claim by an insured or beneficiary under an insurance policy for workers’ compensation insurance. |
| Bill History: | 03-11-15 H Filed 03-23-15 H Introduced and referred to committee on House Business and Industry |
| HB 3213 | Zedler, Bill(R) | Relating to unfair settlement practices for insurers providing workers’ compensation insurance. |
| Specific Remarks: | Creates new COA under Chapter 542, Insurance Code. |
| Bill History: | 03-11-15 H Filed 03-23-15 H Introduced and referred to committee on House Business and Industry |
| HB 3219 | Shaheen, Matt (F)(R) | Relating to the use by a school district of public money for lobbying activities or lobbyists. |
| Specific Remarks: | (e) If a school district or member of the board of trustees of a school district engages in an activity prohibited by Subsection (a) or (d) or if any association supported wholly or partly by payments of tax receipts from school districts engages in an activity described by Subsection (b)(4) or (5), a taxpayer of the school district that violates Subsection (a) or (d) or that pays fees or dues to the association is entitled to appropriate injunctive relief to prevent any further activity prohibited by Subsection (a) or (d) or described by Subsection (b)(4) or (5) or any further payments of fees or dues. (f) A taxpayer who prevails in an action under Subsection (e) is entitled to recover from the school district the taxpayer’s reasonable attorney’s fees and costs incurred in bringing the action. |
| Bill History: | 03-24-15 H Introduced and referred to committee on House General Investigating and Ethics 04-09-15 H Meeting set for 10:30 A.M. OR ADJ., E2.026 – House General Investigating and Ethics 04-09-15 H Committee action pending House General Investigating and Ethics |
| HB 3226 | Coleman, Garnet(D) | Relating to addressing abusive conduct in the workplace. |
| Specific Remarks: | Sec. 23.004. EMPLOYEE LIABILITY; DEFENSE. (a) An employee is individually liable for abusive conduct under this chapter. (b) A court shall consider abusive conduct that exploits an employee’s known psychological or physical illness or disability as an aggravating factor. |
| Bill History: | 03-11-15 H Filed 03-24-15 H Introduced and referred to committee on House Business and Industry |
| HB 3394 | Alonzo, Roberto(D) | Relating to a direct action against an insurer and insured by third parties and required provisions of a liability insurance policy. |
| Specific Remarks: | Sec. 100B.002. DIRECT ACTION AGAINST INSURERS AND INSUREDS (a) … a third party who is injured by an insured or is a survivor of an individual who was injured by the insured may bring an action under this chapter against the insured and the insured’s insurer if the insurer is liable under the terms of the insured’s policy to indemnify the insured for damages for the injury. |
| Bill History: | 03-12-15 H Filed 03-19-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence |
| HB 3400 | Walle, Amando(D) | Relating to parties who may bring suit under the Texas Free Enterprise and Antitrust Act of 1983. |
| Specific Remarks: | Section 15.21, Business & Commerce Code, is amended by adding Subsection (d) to read as follows: (d) A person whose business or property has been injured by reason of any conduct prohibited or declared unlawful by this chapter may sue another person as provided by this section, regardless of whether the injured person dealt directly or indirectly with the defendant. |
| Bill History: | 03-17-15 H Introduced and referred to committee on House Business and Industry 04-21-15 H Meeting set for 2:00 P.M. OR ADJ., E2.016 – House Business and Industry 04-22-15 H Committee action pending House Business and Industry |
| HB 3416 | Phillips, Larry(R) | Relating to the authority of certain persons to bring a survival action. |
| Specific Remarks: | Section 71.021, Civil Practice and Remedies Code, is amended by adding Subsection (b-1) to read as follows: injured person may bring the action or, if no action is filed by a legal representative of the estate, one or more heirs may bring the action for the benefit of all heirs and the estate of the injured person. |
| Bill History: | 03-12-15 H Filed 03-17-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence |
| HB 3425 | Parker, Tan(R) | Relating to the creation of a intrastate investment market for purposes of trading securities issued under the intrastate crowdfunding exemption from federal securities laws. |
| Specific Remarks: | (A) Liability of Issuers (1) A person who offers or sells a security issued under the intrastate crowdfunding exemption through a registeredTexas Investment Market in violation of the provisions set forth in Section 581-23-5(W) is liable to the person buying the security, who may sue either at law or in equity for rescission or for damages if the buyer no longer owns the security. (2) A person who offers or sells a security issued under the intrastate crowdfunding exemption through a registered Texas Investment Market by means of an untrue statement of a material fact or an omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, is liable to the person buying the security, who may sue either at law or in equity for rescission, or for damages if the buyer no longer owns the security. |
| Bill History: | 03-17-15 H Introduced and referred to committee on House Investments and Financial Services 04-01-15 H Meeting set for 2:00 P.M. OR ADJ., E2.028 – House Investments and Financial Services 04-01-15 H Committee action pending House Investments and Financial Services |
| HB 3435 | Raymond, Richard(D) | Relating to civil and criminal actions related to racketeer influenced and corrupt organizations. |
| Specific Remarks: | Sec. 140B.051. SUIT TO ABATE RACKETEERING; SUIT FOR DAMAGES. (a) A person aggrieved by racketeering or the attorney general or a local prosecutor in the name of the state may bring suit against a person or enterprise for racketeering and may seek any remedy or relief provided by Section 140B.052. |
| Bill History: | 03-12-15 H Filed 03-24-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence |
| HB 3454 | Thompson, Senfronia(D) | Relating to transactions involving the assignment of rights in an individual’s legal claim. |
| Specific Remarks: | SUBCHAPTER E. ENFORCEMENT Sec. 111.201. VIOLATION OF CHAPTER. (a) If a court finds that a civil justice funding company has intentionally violated this chapter with respect to a civil justice funding transaction, the company is entitled to recover only the funded amount provided to the consumer and is not entitled to recover any additional charges. |
| Bill History: | 03-18-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence 04-28-15 H Meeting set for 2:00 P.M. OR ADJ., E2.026 – House Judiciary and Civil Jurisprudence 04-28-15 H Committee action pending House Judiciary and Civil Jurisprudence |
| HB 3533 | Munoz, Sergio(D) | Relating to recovery under uninsured and underinsured motorist insurance coverage. |
| Companions: |
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| Specific Remarks: | An insurer must attempt in good faith to effectuate a prompt, fair, and equitable settlement of a claim once liability and damages have become reasonably clear. |
| Bill History: | 03-12-15 H Filed 03-18-15 H Introduced and referred to committee on House Insurance |
| HB 3537 | Davis, Yvonne(D) | Relating to a breach of system security of a business that exposes consumer credit card or debit card information. |
| Specific Remarks: | Sec. 521.1515. ADDITIONAL CIVIL PENALTY. (a) In addition to penalties assessed under Section 521.151, a business that fails to secure the business’s computer system and suffers a breach of system security described by Section 521.054 is liable to this state for a civil penalty of $50 for each credit card and debit card from which information was compromised. |
| Bill History: | 03-18-15 H Introduced and referred to committee on House Business and Industry 04-21-15 H Meeting set for 2:00 P.M. OR ADJ., E2.016 – House Business and Industry 04-21-15 H Committee action pending House Business and Industry |
| HB 3561 | Rodriguez, Eddie(D) | Relating to damages in certain wrongful eviction actions. |
| Specific Remarks: | Sec. 30.002. AVAILABILITY OF DAMAGES FOR MENTAL ANGUISH. A claimant to whom this chapter applies may recover… damages for mental anguish if the claimant establishes that in the course of the wrongful eviction, the property owner: (1) used or threatened violence to convince the claimant to vacate or abandon the property; or… |
| Bill History: | 03-20-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence 04-28-15 H Meeting set for 2:00 P.M. OR ADJ., E2.026 – House Judiciary and Civil Jurisprudence 04-28-15 H Committee action pending House Judiciary and Civil Jurisprudence |
| HB 3582 | Turner, Scott(R) | Relating to a property right in certain genetic information. |
| Specific Remarks: | Sec. 183.004. LIABILITY FOR VIOLATION OF CHAPTER. (a) A person who violates Section 183.002 with respect to a sample of an individual’s genetic material or genetic information obtained as a result of a genetic test performed on the individual’s sample is liable to the individual for: (1) the amount of the individual’s actual damages sustained as a result of the violation; and… |
| Bill History: | 03-12-15 H Filed 03-20-15 H Introduced and referred to committee on House Public Health |
| HB 3602 | Bell, Cecil(R) | Relating to the religious freedom of a conscientious objector to act or fail to act with respect to certain issues of marriage, sexual relations, and gender. |
| Specific Remarks: | Sec. 150A.004. CLAIMS OR DEFENSES. A conscientious objector may assert an actual or threatened violation of this chapter as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages… Sec. 150A.005. REMEDIES. A conscientious objector who successfully asserts a claim or defense under this chapter is entitled to recover… |
| Bill History: | 03-12-15 H Filed 03-23-15 H Introduced and referred to committee on House State Affairs |
| HB 3650 | Guerra, Bobby(D) | Relating to the collection, administration, and enforcement of state taxes and fees. |
| Specific Remarks: | Sec. 112.075. CLASS ACTIONS. (a) This subchapter applies to a class action. (b) For purposes of this section, a class action includes a suit brought under this subchapter by at least two persons who have filed a notice of tax abatement as required by this subchapter. (c) In a class action brought under this subchapter, all taxpayers who are within the same class as the persons bringing the suit, who are represented in the class action, and who have abated payment of the disputed tax under this section are not required to file separate suits, but are entitled to and are governed by the decision rendered in the class action. Sec. 112.076. SUIT AGAINST PUBLIC OFFICIALS. A suit under this subchapter must be brought against the public officials charged with the duty of collecting the tax or fee, the comptroller, and the attorney general. |
| Bill History: | 03-13-15 H Filed 03-19-15 H Introduced and referred to committee on House Ways and Means |
| HB 3662 | Hughes, Bryan(R) | Relating to recovery of damages, attorney’s fees, and costs related to frivolous regulatory actions by state agencies. |
| Specific Remarks: | Sec. 105.005. CA– USE OF ACTION FOR FRIVOLOUS REGULATORY ACTION. (a) A claimant may bring an action against a state agency if the state agency takes a regulatory action against the claimant that is frivolous, unreasonable, or without foundation. |
| Bill History: | 03-13-15 H Filed 03-19-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence |
| HB 3820 | Allen, Alma(D) | Relating to safe patient handling practices at hospitals and nursing homes. |
| Specific Remarks: | Sec. 256.005. RETALIATION PROHIBITED; CA– USE OF ACTION. (a) In this section, “employee” means a person who is an employee of a hospital or nursing home or any other person who provides services to a hospital or nursing home for compensation, including a contract laborer. (b) A hospital or nursing home may not take an adverse personnel action or discriminate against an employee who refuses to perform patient handling based on: (1) concerns over patient or employee safety; or (2) the lack of trained designated lift team personnel available to perform patient handling. (c) An employee has a cause of action against the hospital or nursing home, or another employee of the hospital or nursing home, if the hospital or nursing home suspends or terminates the employment of the employee or otherwise disciplines, discriminates, or retaliates against the employee in violation of this section. |
| Bill History: | 03-13-15 H Filed 03-23-15 H Introduced and referred to committee on House Public Health |
| HB 3822 | Coleman, Garnet(D) | Relating to recovery under uninsured and underinsured motorist insurance coverage. |
| Companions: |
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| Specific Remarks: | see HB 3533. |
| Bill History: | 03-13-15 H Filed 03-23-15 H Introduced and referred to committee on House Insurance |
| HB 3864 | Sanford, Scott(R) | Relating to protection of the rights of conscience for child welfare services providers. |
| Specific Remarks: | Sec. 45.003. CHILD WELFARE SERVICES PROVIDERS PROTECTED. A governmental entity …that contracts with this state … to refer or place children for child welfare services may not discriminate … against a child welfare services provider on the basis…that the provider …will decline to provide … child welfare services that conflict with…the provider’s sincerely held religious beliefs. Sec. 45.005. REMEDIES. A child welfare services provider who successfully asserts a claim or defense under this chapter is entitled to recover … |
| Bill History: | 04-15-15 H Committee action pending House Juvenile Justice and Family Issues 04-22-15 H Voted favorably from committee as substituted House Juvenile Justice and Family Issues 04-28-15 H Reported from committee as substituted House Juvenile Justice and Family Issues |
| HB 4005 | Laubenberg, Jodie(R) | Relating to the collection, administration, and enforcement of state taxes and fees. |
| Companions: |
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| Specific Remarks: | Sec. 112.075. CLASS ACTIONS. (a) This subchapter applies to a class action. (b) For purposes of this section, a class action includes a suit brought under this subchapter by at least two persons who have filed a notice of tax abatement as required by this subchapter. |
| Bill History: | 03-13-15 H Filed 03-23-15 H Introduced and referred to committee on House Ways and Means |
| HB 4020 | Raymond, Richard(D) | Relating to the security of certain financial information and liability for certain security breaches. |
| Specific Remarks: | (e) In addition to reimbursement under Subsection (d), the financial institution is entitled to recover costs for damages paid by the financial institution to cardholders injured by a breach of system security of a business that has violated this section or a breach of system security of the business’s service provider. |
| Bill History: | 03-23-15 H Introduced and referred to committee on House Business and Industry 04-21-15 H Meeting set for 2:00 P.M. OR ADJ., E2.016 – House Business and Industry 04-21-15 H Not heard in committee House Business and Industry |
| HB 4027 | Blanco, Cesar (F)(D) | Relating to products liability action related to a pharmaceutical product. |
| General Remarks: | Amends §82.007, CPRC, relating to product liability actions against manufacturers of pharmaceutical products, to specify that a failure to warn includes “a failure of the manufacturer to place notice to the US FDA of a potential safety signal.” The bill also expands the ability of a claimant to overcome a rebuttable presumption that the manufacturer complied with government standards by establishing that the defendant withheld or misrepresented to the FDA “relevant” (rather than “required” information material to the performance of the product and causally related to the claimant’s injury. |
| Bill History: | 03-13-15 H Filed 03-23-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence |
| HB 4056 | White, James(R) | Relating to inspection procedures in certain long-term care facilities and the creation of a long-term care legislative oversight committee. |
| Specific Remarks: | Sec. 242.0446. CIVIL LIABILITY. (a) An institution may bring a civil action against an employee or representative of the department who conducts an inspection, survey, or investigation under Section 242.043 or 242.044 and in bad faith or with a malicious purpose makes a false or inaccurate statement of a violation found during the inspection, survey, or investigation. |
| Bill History: | 03-13-15 H Filed 03-23-15 H Introduced and referred to committee on House Human Services |
| HB 4061 | White, James(R) | Relating to the regulation of firearms, air guns, ammunition, and firearm and air gun supplies. |
| Specific Remarks: | Sec. 247.003. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO SUE. (a) Governmental immunity to suit and liability is waived and abolished… REMEDIES. A district court may award a plaintiff in a civil action brought under Section 247.003: |
| Bill History: | 04-14-15 H Committee action pending House Homeland Security and Public Safety 04-16-15 H Voted favorably from committee on House Homeland Security and Public Safety 04-20-15 H Reported favorably from committee on House Homeland Security and Public Safety |
| SB 83 | Ellis, Rodney(D) | Relating to prohibited deceptive or disenfranchising practices regarding an election. |
| Specific Remarks: | Sec. 61.061. DECEPTIVE ELECTION PRACTICES PROHIBITED. A person may not knowingly deceive another person regarding: (1) the time, place, or manner of conducting an election in this state; or (2) the qualifications for or restrictions governing voter eligibility for an election in this state. Sec. 61.064. CIVIL ACTION. The attorney general or a person harmed by a violation of Section 61.061 may bring a civil action for relief … |
| Bill History: | 11-10-14 S Filed 01-26-15 S Introduced and referred to committee on Senate State Affairs |
| SB 87 | Ellis, Rodney(D) | Relating to the elimination of smoking in certain workplaces and public places. |
| Specific Remarks: | Sec. 172.102. INJUNCTIVE RELIEF. In addition to the other remedies provided by this chapter, the attorney general at the request of the department, or a person aggrieved by a violation of this chapter, may bring an action for injunctive relief to enforce this chapter. |
| Bill History: | 11-10-14 S Filed 01-26-15 S Introduced and referred to committee on Senate Health and Human Services |
| SB 113 | Taylor, Van (F)(R) | Relating to the statute of limitations for a suit for personal injury arising from certain offenses constituting sexual abuse of a child. |
| Companions: |
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| General Remarks: | Statutes of Limitation – Amends 16.0045, CPRC, to eliminate the 5-year statute of limitation for personal injury actions arising from the sexual assault of a child or sexual misconduct with a child. |
| Bill History: | 11-10-14 S Filed 01-27-15 S Introduced and referred to committee on Senate State Affairs |
| SB 121 | West, Royce(D) | Relating to credit services organizations and extensions of consumer credit facilitated by credit services organizations. |
| Companions: |
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| Specific Remarks: | (f) A consumer may maintain an action under this section for any violation of this section. In any suit filed under this section, a consumer may recover: (1) damages in an amount not to exceed $10,000 for each violation; and (2) court costs and reasonable and necessaryattorney’s fees. |
| Bill History: | 01-27-15 S Introduced and referred to committee on Senate Business and Commerce 04-28-15 S Meeting set for 8:00 A.M., E1.016 – Senate Business and Commerce 04-28-15 S Committee action pending Senate Business and Commerce |
| SB 151 | Rodriguez, Jose(D) | Relating to employer retaliation against employees who seek recovery of unpaid wages and procedures in wage claim hearings conducted by the Texas Workforce Commission. |
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| Specific Remarks: | Sec. 61.021. EMPLOYER RETALIATION PROHIBITED; CA– USE OF ACTION. (a) An employer may not suspend or terminate the employment of, or in any other manner discipline, discriminate against, or retaliate against an employee who in good faith seeks to recover wages owed to the employee by..(b) An employee who is the subject of an adverse employment action prohibited under Subsection (a) may bring suit against the employer, including an action in a district court for appropriate injunctive relief. |
| General Remarks: | Employment Law – Prohibits an employer from retaliating against an employee who in good faith files a claim to recover unpaid wages; allows an employee who is subject to an adverse employment action to bring suit against an employer in a district court for monetary and injunctive relief; if the employee prevails in the suit, the employee may recover reasonable damages, additional damages in the amount of the employee’s average wages for a two-week period plus $500, court costs and reasonable attorney’s fees; further entitles the prevailing employee to reinstatement to the employee’s former or comparable position, plus reinstatement of benefits and seniority; authorizes the Workforce Commission, a commission examiner, or a wage tribunal to assess an administrative penalty of $1,000 per violation against an employer who unlawfully retaliates against an employee who files a wage claim; creates a rebuttable presumption that the employee’s testimony regarding hours worked, pay rate, and earnings are correct, if the employer has violated wage reporting requirements; the employer may overcome the presumption by clear and convincing evidence of the employee’s hours, rate and earnings. |
| Bill History: | 11-10-14 S Filed 01-27-15 S Introduced and referred to committee on Senate Natural Resources and Economic Develop |
| SB 612 | Burton, Konni (F)(R) | Relating to the prohibition of certain employment discrimination regarding an employee who is a volunteer emergency responder. |
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| Specific Remarks: | Sec. 23.002. DISCRIMINATION PROHIBITED; LIMITATION. (a) Except as provided by this chapter, an employer may not terminate or suspend the employment of…an employee who is absent from or late to the employee’s employment because the employee is responding to an emergency in the employee’s capacity as a volunteer emergency responder. Sec. 23.006. CIVIL ACTION. (a) An employee whose employer violates this chapter may bring a civil action against the employer to enforce rights protected by this chapter. |
| Bill History: | 02-23-15 S Introduced and referred to committee on Senate Natural Resources and Economic Develop 04-21-15 S Meeting set for 9:00 A.M., E1.012 – Senate Natural Resources and Economic Develop 04-21-15 S Committee action pending Senate Natural Resources and Economic Develop |
| SB 621 | Estes, Craig(R) | Relating to criminal offenses involving, and governmental liability for retaliatory prosecutions associated with, the filming, recording, photographing, documenting, or observing of a peace officer. |
| Specific Remarks: | Sec. 112.002. LIABILITY FOR CERTAIN RETALIATORY PROSECUTIONS. A person who is prosecuted for an offense under Section 22.01(a)(1) or 38.15(a)(1), Penal Code, or Section 542.501(a)(1), Transportation Code, and is acquitted of the offense may recover in a civil action against the governmental unit that employed any peace officer who accused the person of the offense of which the person was acquitted if the person shows by a preponderance (1) the person was filming, recording, photographing, documenting, or observing the peace officer; and |
| Bill History: | 02-18-15 S Filed 02-23-15 S Introduced and referred to committee on Senate State Affairs |
| SB 711 | Burton, Konni (F)(R) | Relating to the use by a political subdivision of public money for lobbying activities or lobbyists. |
| Specific Remarks: | The governing body of a political subdivision may not spend public money to directly or indirectly influence or attempt to influence the outcome of any legislation pending before the legislature..(f) If a political subdivision engages in an activity prohibited by Subsection (b) … a taxpayer of a political subdivision that is entitled to appropriate injunctive relief to prevent any further activity… |
| Bill History: | 02-24-15 S Filed 03-02-15 S Introduced and referred to committee on Senate State Affairs |
| SB 727 | Watson, Kirk(D) | Relating to the right of an employee to time off from work to obtain an election identification certificate. |
| Specific Remarks: | Sec. 84.002. RIGHT TO OBTAIN ELECTION IDENTIFICATION CERTIFICATE; NOTICE TO EMPLOYER. (a) An employee is entitled to time off …to obtain an election identification certificate and any document necessary to apply for an election identification certificate…Sec. 84.006. EMPLOYER RETALIATION PROHIBITED. (a) An employer may not suspend or terminate an employee or discriminate against, who takes time off from work authorized by this chapter. |
| Bill History: | 02-24-15 S Filed 03-02-15 S Introduced and referred to committee on Senate Natural Resources and Economic Develop |
| SB 856 | Rodriguez, Jose(D) | Relating to the prohibition of certain discrimination based on sexual orientation or gender identity or expression. |
| Specific Remarks: | Sec. 100B.051. PUBLIC ACCOMMODATIONS. a person commits a discriminatory practice and violates this chapter if because of the sexual orientation or gender identity or expression of an individual: (1) denies that individual full and equal accommodations in any place of public accommodation in this state.. SUBCHAPTER C. CA– USE OF ACTION Sec. 100B.101. CIVIL ACTION. An aggrieved person may file a civil action in district court… under this chapter to obtain appropriate relief with respect to the discriminatory practice. |
| Bill History: | 03-02-15 S Filed 03-04-15 S Introduced and referred to committee on Senate State Affairs |
| SB 860 | Eltife, Kevin(R) | Relating to corporations and fundamental business transactions. |
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| Specific Remarks: | Sec. 21.914. PROCEEDING REGARDING VALIDITY OF DEFECTIVE CORPORATE ACTS AND SHARES. (a) The following may bring an action under this section: (1) the corporation; (2) any successor entity to the corporation; (3) any member of the corporation’s board of directors; (4) any record or beneficial holder of valid shares or putative shares of the corporation; (5) any record or beneficial holder of valid shares or |
| Bill History: | 04-09-15 S Passed on local calendar (Vote: Y: 31/N: 0) 04-10-15 H Received in the House 04-23-15 H Referred to House Committee on House Business and Industry |
| SB 962 | Taylor, Van (F)(R) | Relating to legislative and judicial review of state agency rulemaking. |
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| Specific Remarks: | Sec. 2001.0321. DECLARATORY JUDGMENT. (a) Notwithstanding and without limiting any other remedy available under law to any person, a member of the legislature may bring an action for declaratory judgment if it is alleged that a member of a governing body of a state agency or an executive official of a state agency, while engaged in rulemaking for the state agency, has adopted a rule or proposed a rule for adoption without a grant of or contrary to a grant of statutory or constitutional authority to adopt the rule or proposed rule. |
| Bill History: | 03-05-15 S Filed 03-10-15 S Introduced and referred to committee on Senate State Affairs |
| SB 989 | Kolkhorst, Lois (F)(R) | Relating to the establishment and administration of a state bullion depository. |
| Specific Remarks: | Sec. 2116.009. CA– USE OF ACTION FOR DENIAL OF DEPOSIT LIABILITY. (a) A cause of action for denial of deposit liability on a depository account contract without a maturity date does not accrue until the depository has denied liability and given notice of the denial to the depository account holder. |
| Bill History: | 03-05-15 S Filed 03-10-15 S Introduced and referred to committee on Senate Finance |
| SB 990 | Ellis, Rodney(D) | Relating to the protection of voting rights in the State of Texas. |
| Specific Remarks: | Sec. 61.061. DECEPTIVE ELECTION PRACTICES PROHIBITED. A person may not knowingly deceive another person regarding: (1) the time, place, or manner of conducting an election in this state; or… Sec. 61.064. CIVIL ACTION. The attorney general or a person harmed by a violation of Section 61.061 may bring a civil action for relief against a person who violates that section, including an action seeking a permanent or temporary injunction, restraining order, or other appropriate order. |
| Bill History: | 03-05-15 S Filed 03-10-15 S Introduced and referred to committee on Senate State Affairs |
| SB 1085 | Garcia, Sylvia(D) | Relating to the ability of a nonexempt employee to participate in certain academic, disciplinary, college and career readiness, and developmental activities of the employee’s child or grandchild. |
| Specific Remarks: | Sec. 83.003. EMPLOYEE RIGHT TO PARTICIPATE IN CERTAIN ACTIVITIES OF EMPLOYEE’S CHILD OR GRANDCHILD. (a) … an employee who …is entitled to unpaid time off… may attend meetings that a parent, grandparent, guardian, conservator, or other caregiver of a child is generally required to attend, including: (1) parent-teacher conferences;… Sec. 83.008. EMPLOYER RETALIATION PROHIBITED. (a) An employer may not suspend or terminate…an employee who takes a planned absence authorized by this chapter to participate in an activity of the employee’s child or grandchild … (b) An employee whose employment is suspended or terminated in violation of this chapter is entitled to: |
| Bill History: | 03-09-15 S Filed 03-16-15 S Introduced and referred to committee on Senate Natural Resources and Economic Develop |
| SB 1135 | Garcia, Sylvia(D) | Relating to civil and criminal liability for the disclosure or promotion of certain intimate visual material. |
| Specific Remarks: | Sec. 98B.002. LIABILITY FOR UNLAWFUL DISCLOSURE OR PROMOTION OF CERTAIN INTIMATE VISUAL MATERIAL. (a) A defendant is liable, as provided by this chapter, to a person depicted in intimate visual material for damages arising from the disclosure of the material if: (1) the defendant discloses the intimate visual material without the effective consent of the depicted person… |
| Bill History: | 04-14-15 S Passed to third reading 04-14-15 S Passed (Vote: Y: 31/N: 0) 04-15-15 H Received in the House |
| SB 1166 | Taylor, Van (F)(R) | Relating to recovery of damages for delay of payment of certain insurance claims. |
| Specific Remarks: | Sec. 542.0596. SMALL CLAIMS CASES. (a) Notwithstanding any other law, a claimant may file an action seeking damages under this subchapter as a small claims case as provided by Section 27.060, Government Code, if the disputed amount of the insurance claim does not exceed the maximum amount allowed for a small claims case as determined by rules of civil procedure promulgated by the supreme court. The total amount awarded in an action filed as a small claims case under this subsection may not exceed two times the disputed amount of the insurance claim. |
| Bill History: | 03-10-15 S Filed 03-17-15 S Introduced and referred to committee on Senate Business and Commerce |
| SB 1213 | Kolkhorst, Lois (F)(R) | Relating to prohibiting the reidentification of certain deidentified information and the release of any reidentified information. |
| Specific Remarks: | Sec. 506.002. PROHIBITED ACTS. (a) A person may not: (1) reidentify or attempt to reidentify an individual who is the subject of deidentified information; or… Sec. 506.004. PRIVATE CA– USE OF ACTION. A person who violates Section 506.002 is liable to the individual who is the subject of the information for any damages caused by the reidentification or release of the information. |
| Bill History: | 04-20-15 S Passed to third reading 04-20-15 S Passed (Vote: Y: 30/N: 0) 04-20-15 H Received in the House |
| SB 1246 | Taylor, Larry(R) | Relating to dispute resolution for certain claims arising under insurance policies issued by the Fair Access to Insurance Requirements (FAIR) Plan Association. |
| Bill History: | 03-11-15 S Filed 03-17-15 S Introduced and referred to committee on Senate Business and Commerce |
| SB 1273 | West, Royce(D) | Relating to the rights of an employee who is a victim of domestic violence. |
| Specific Remarks: | Sec. 83.002. RIGHT TO SEEK TREATMENT OR ATTEND COURT PROCEEDINGS; NOTICE TO EMPLOYER. (a) An employee who is a victim of domestic violence is entitled to time off from work … to seek treatment or counseling or attend court proceedings related to the incident of domestic violence…Sec. 83.007. EMPLOYER RETALIATION PROHIBITED. (a) An employer may not suspend or terminate or discriminate against, an employee because the employee takes time off from work or requests a reasonable workplace safety accommodation… (b) An employee whose employment is suspended or terminated in violation of this chapter is entitled to… |
| Bill History: | 03-11-15 S Filed 03-17-15 S Introduced and referred to committee on Senate Natural Resources and Economic Develop |
| SB 1291 | Taylor, Van (F)(R) | Relating to the collection, administration, and enforcement of state taxes and fees. |
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| Specific Remarks: | Sec. 112.075. CLASS ACTIONS. (a) This subchapter applies to a class action. (b) For purposes of this section, a class action includes a suit brought under this subchapter by at least two persons who have filed a notice of tax abatement as required by this subchapter. |
| Bill History: | 03-11-15 S Filed 03-18-15 S Introduced and referred to committee on Senate Finance |
| SB 1346 | Huffines, Donald (F)(R) | Relating to the regulation of occupations by this state. |
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| Specific Remarks: | Sec. 60.002. POLICY REGARDING REGULATION OF OCCUPATIONS; CONSTRUCTION. (a) It is the policy of this state that: (1) an individual in this state engages in a lawful occupation without excessive governmental regulation; and (2) a lawful occupation may be regulated by the state only if the regulation is: … (A) necessary to protect against a recognizable harm to the public; and (B) the least restrictive means necessary… Sec. 60.005. DECLARATORY JUDGMENT. (a) An individual may file suit against the state for declaratory judgment that a regulatory requirement imposed on an occupation violates Section 60.002(a). |
| Bill History: | 03-11-15 S Filed 03-18-15 S Introduced and referred to committee on Senate Business and Commerce |
| SB 1546 | Perry, Charles (F)(R) | Relating to advance directives, including do-not-resuscitate orders. |
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| Specific Remarks: | (d) If a licensed health care professional does not comply with a revocation under Subsection (a) the patient or other declarant, the legal guardian, a qualified relative, or an agent of the patient having medical power of attorney may bring an action to obtain an injunction to enforce the revocation from a court of competent jurisdiction. |
| Bill History: | 03-12-15 S Filed 03-23-15 S Introduced and referred to committee on Senate Health and Human Services |
| SB 1629 | Whitmire, John(D) | Relating to civil liability of a person who produces, distributes, sells, or provides or aids in the production, distribution, sale, or provision of certain synthetic substances to another person for damages. |
| Companions: |
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| Specific Remarks: | Sec. 481.1191. CIVIL LIABILITY FOR ENGAGING IN OR AIDING IN PRODUCTION, DISTRIBUTION, SALE, OR PROVISION OF SYNTHETIC SUBSTANCES. (b) A person is liable for all damages caused by the or ingestion of a synthetic substance by another person if the actor: (1) produced, distributed, sold, or provided the synthetic substance to the other person; or (2) aided in the production, distribution, sale, or provision of the synthetic substance to the other person. (c) A person is strictly liable for all damages caused by the consumption or ingestion of a synthetic substance by a minor… |
| Bill History: | 03-13-15 S Filed 03-23-15 S Introduced and referred to committee on Senate State Affairs |
| SB 1673 | Huffines, Donald (F)(R) | Relating to the preemption of a local law by state law. |
| Specific Remarks: | (b) The Legislature finds that no local government shall contradict or undermine a state law, rule, regulation, permit, or license… (f) Governmental immunity to suit and liability is waived and abolished to the extent of liability for the relief allowed under Subsections (i) and (j) for a violation of this section. (g) A person who is adversely affected by a violation of this section may file suit against the local government. The attorney general may file suit against a local government to enforce this section. |
| Bill History: | 03-13-15 S Filed 03-23-15 S Introduced and referred to committee on Senate State Affairs |
| SB 1745 | Hinojosa, Chuy(D) | Relating to the liability of the state for a violation of the federal Americans with Disabilities Act. |
| Specific Remarks: | Sec. 112.002. WAIVER OF IMMUNITY. (a) The sovereign immunity of the state government from suit and from liability is waived for the limited purpose of allowing any person to maintain a lawsuit in state or federal court and obtain relief from the state government under the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.)… |
| Bill History: | 03-13-15 S Filed 03-24-15 S Introduced and referred to committee on Senate State Affairs |
| SB 1799 | Taylor, Larry(R) | Relating to the religious freedom of a conscientious objector to act or fail to act with respect to certain issues of marriage. |
| Specific Remarks: | Sec. 150A.001. NO LIABILITY FOR ACTION BASED ON RELIGIOUS BELIEFS. Notwithstanding any other law to the contrary, a person is not subject to liability for declining to (1) buy, sell, offer, or provide a good or service; (2) enter a contract; (3) hire a person; or (4) take any other discretionary action because of that person’s sincerely held religious belief about marriage as only the union of one man and one woman.Sec. 150A.003. CA– USE OF ACTION. A person may assert a violation of section 150A.002 as a claim or defense in an administrative or judicial proceeding … |
| Bill History: | 03-13-15 S Filed 03-24-15 S Introduced and referred to committee on Senate State Affairs |
| SB 1811 | Kolkhorst, Lois (F)(R) | Relating to certain publications of intimate visual material by a business. |
| Specific Remarks: | Sec. 111.051. NOTICE REQUIRED FOR INTIMATE VISUAL MATERIAL. (a) A business entity that publishes intimate visual material shall clearly and conspicuously publish notice on each page the material appears that includes: (1) a statement that the business entity is required to remove intimate visual material that depicts an individual who did not consent to the publication of the material; Sec. 111.102. CIVIL LIABILITY. (a) A business entity that publishes intimate visual material in violation of Section 111.053 or refuses to remove an image in violation of Section 111.052 is liable to the individual depicted in the material … |
| Bill History: | 03-13-15 S Filed 03-25-15 S Introduced and referred to committee on Senate Criminal Justice |
| SB 1848 | Garcia, Sylvia(D) | Relating to civil liability of shareholders and members of certain legal entities that engage in the trafficking of persons. |
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| Specific Remarks: | …A shareholder or member is jointly and severally liable with the entity to the person trafficked for damages arising from the trafficking of that person if the person demonstrates that the shareholder or member: (1) caused the entity to be used for the purpose of trafficking of persons; … |
| Bill History: | 03-25-15 S Introduced and referred to committee on Senate State Affairs 04-27-15 S Meeting set for 9:00 A.M., SENATE CHAMBER – Senate State Affairs 04-27-15 S Committee action pending Senate State Affairs |
| SB 1862 | Burton, Konni (F)(R) | Relating to the use by a political subdivision of public money for lobbying activities or lobbyists. |
| Specific Remarks: | (b) The governing body of a political subdivision may not spend public money to directly or indirectly influence or attempt to influence the outcome of any legislation pending before the legislature… (e) An interested person, including a member of the news media, or the attorney general on behalf of this state, may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of this section by a member or group of members of the governing body of a political subdivision or by a lobbyist. |
| Bill History: | 03-13-15 S Filed 03-25-15 S Introduced and referred to committee on Senate State Affairs |
| SB 1863 | Burton, Konni (F)(R) | Relating to repealing civil asset forfeiture provisions and establishing criminal asset forfeiture in this state. |
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| Bill History: | 03-13-15 S Filed 03-25-15 S Introduced and referred to committee on Senate Criminal Justice |
| SB 1874 | Whitmire, John(D) | Relating to accessing criminal history record information and other records of involvement in the criminal justice system. |
| Bill History: | 03-25-15 S Introduced and referred to committee on Senate Criminal Justice 04-28-15 S Meeting set for 1:30 P.M. OR ADJ., E1.016 – Senate Criminal Justice 04-28-15 S Removed from hearing 04/28/15 – Senate Criminal Justice |
| SB 1935 | Campbell, Donna(R) | Relating to protection of the rights of conscience for child welfare service providers. |
| Specific Remarks: | Sec. 45.003. CHILD WELFARE SERVICES PROVIDERS PROTECTED. A governmental entity or any person that contracts with this state… to refer or place children for child welfare services may not discriminate or take any adverse action against a child welfare services provider … with a religious education … Sec. 45.004. PRIVATE RIGHT OF ACTION. A child welfare services provider may assert an actual or threatened violation of this chapter as a claim or defense in a judicial or administrative proceeding and obtain the relief specified in Section 45.005. |
| Bill History: | 03-13-15 S Filed 03-25-15 S Introduced and referred to committee on Senate Health and Human Services |
| SB 1969 | Huffman, Joan(R) | Relating to ethics of public servants, including the functions and duties of the Texas Ethics Commission. |
| Bill History: | 03-25-15 S Introduced and referred to committee on Senate State Affairs 04-27-15 S Meeting set for 9:00 A.M., SENATE CHAMBER – Senate State Affairs 04-27-15 S Committee action pending Senate State Affairs |
