Texas House Bill HB4115

Texas 2019 - 86th Regular

Caption

Relating to certain suits filed against a governmental unit and an employee of the governmental unit.

Impact

The amendment outlined in HB4115 is designed to reinforce the legal doctrine of sovereign immunity, protecting governmental units and their employees from various lawsuits. It particularly applies to claims made against both the unit and its employees, which, upon the filing of a motion by the governmental unit, would see the dismissal of the claims against the employees, thus enhancing their legal protection. This shift is anticipated to clarify the boundaries of liability for governmental entities and employees, potentially influencing how claims are initiated and processed in courts.

Summary

House Bill 4115 aims to amend the Civil Practice and Remedies Code in Texas, specifically targeting the manner in which suits can be filed against governmental units and their employees. The bill proposes that if a claim is filed alleging a breach for which government immunity is waived, any claim against an individual employee of that governmental unit should be dismissed if the governmental unit files a motion for dismissal. This change seeks to streamline the legal process by ensuring that individual employees are protected from claims that are to be directed solely at the governmental unit.

Contention

While proponents of the bill may argue that it simplifies legal proceedings and assures that claims are addressed at the appropriate governmental level, critics could contend that this may reduce accountability for governmental employees. By enabling the dismissal of claims against individual employees, there could be concerns raised regarding the ability of plaintiffs to adequately pursue justice against governmental wrongdoing. This provision may generate significant discussion regarding the balance between protecting governmental entities and ensuring accountability for individual actions undertaken by their employees.