85R2739 LED-D     By: Hinojosa S.B. No. 296       A BILL TO BE ENTITLED   AN ACT   relating to the liability of the state for a violation of the   federal Americans with Disabilities Act.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 5, Civil Practice and Remedies Code, is   amended by adding Chapter 112 to read as follows:   CHAPTER 112.  LIABILITY OF STATE UNDER CERTAIN FEDERAL LAWS          Sec. 112.001.  DEFINITION. In this chapter, "state   government" has the meaning assigned by Section 101.001.          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.).          (b)  This section does not require the state government to:                (1)  provide an individual with a disability with:                      (A)  a personal or individually prescribed   device, such as a wheelchair, prescription eyeglasses, or a hearing   aid; or                      (B)  services of a personal nature, such as   assistance in eating, toileting, or dressing; or                (2)  take any other action not required under the   Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.)   or a regulation adopted under that Act, including an action that   would result in:                      (A)  a fundamental alteration in the nature of a   service, program, or activity; or                      (B)  undue financial and administrative burdens.          (c)  If a particular accommodation would result in   circumstances described by Subsection (b)(2), the state government   must:                (1)  determine whether another accommodation is   available that would not result in those circumstances; and                (2)  take an alternative action that does not result in   those circumstances if the alternative action is required by the   Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.)   or a regulation adopted under that Act.          Sec. 112.003.  LIMITATION ON AMOUNT OF LIABILITY. An award   of money damages under Section 112.002 for an employee of the state   government who proves a claim of employment-related discrimination   under the Americans with Disabilities Act (42 U.S.C. Section 12101   et seq.) may not exceed:                (1)  $250,000 for each person; and                (2)  $500,000 for each single occurrence.          SECTION 2.  The change in law made by this Act applies only   to a cause of action that accrues on or after the effective date of   this Act. A cause of action that accrues before the effective date   of this Act is governed by the law applicable to the cause of action   immediately before that date, and that law is continued in effect   for that purpose.          SECTION 3.  This Act takes effect September 1, 2017.