Texas House Bill HB2499

Texas 2019 - 86th Regular

Caption

Relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties.

Impact

This legislation is expected to enhance the legal repercussions for public servants found guilty of committing acts that can be classified as official oppression. By delineating specific acts that constitute an offense, including the intrusive touching of individuals during searches, the bill seeks to establish a framework that can not only penalize misconduct but also deter such actions in the future. It emphasizes the importance of consent and outlines the conditions under which searches can be conducted, reinforcing the need for specific verbal descriptions and express consent from individuals involved.

Summary

House Bill 2499 aims to address and redefine the prosecution and punishment regarding the offense of official oppression through intrusive touching of individuals seeking access to public buildings and transportation. This bill specifically amends Section 39.03 of the Penal Code, outlining clear prohibitions on public servants who engage in unlawful searches that involve physical contact of a sexual nature or that are deemed offensive. The intention behind the bill is to provide stronger protections for the rights of individuals accessing public facilities against potential abuses of power by officials.

Contention

Despite its protective intentions, House Bill 2499 may face challenges concerning federal authority and constitutional interpretations. Subsection (c-2) introduces a potential defense for certain individuals acting under federal law, which could complicate prosecutions under this bill. This duality suggests that while the state aims to protect individuals from oppression, it also must navigate the limitations imposed by federal statutes and immunity claims. Such complexities can lead to potential legal disputes regarding the enforcement and applicability of the law, particularly when federal officers are involved.