Texas House Bill HB3918

Texas 2019 - 86th Regular

Caption

Relating to suits against certain governmental employees.

Impact

The implications of HB 3918 are significant in the realm of civil liability for governmental employees. By allowing direct suits against individuals for intentional torts, the bill creates a legal pathway for individuals who may have faced wrongdoing by public officials to hold them accountable. This amendment contrasts with the previous legal framework, which effectively protected governmental employees from being sued personally in cases involving the same subject matter once a lawsuit was initiated against the governmental unit. The impact of this bill is expected to increase awareness and scrutiny of actions taken by governmental employees, possibly deterring wrongful conduct.

Summary

House Bill 3918 amends the Civil Practice and Remedies Code concerning lawsuits against governmental employees in Texas. It primarily alters Section 101.106 by introducing a new subsection (g), which explicitly permits plaintiffs to bring lawsuits against governmental employees for intentional torts, including assault, battery, false imprisonment, and other related offenses. This change aims to clarify the situations under which plaintiffs may seek legal recourse directly against individual governmental employees rather than being restricted solely to the governmental unit itself.

Contention

The potential for contention surrounds the balance between protecting governmental employees from frivolous lawsuits and ensuring accountability for misconduct. Proponents of the bill argue that it is necessary to offer a means of recourse for victims of intentional torts committed by public officials, thereby fostering a sense of justice and responsibility. Conversely, opponents may worry that this could lead to an overwhelming number of suits against public employees, possibly hindering their ability to perform their duties without fear of litigation. Furthermore, the legal community may question the impacts of such provisions on the governmental unit's financial liability and overall public service effectiveness.