Texas House Bill HB614

Texas 2021 - 87th Regular

Caption

Relating to a cause of action for deprivation of certain rights, privileges, or immunities under color of law.

Impact

The bill's enactment is anticipated to impact existing laws and procedures concerning civil rights litigation in Texas. By permitting lawsuits against public entities without the usual statutory immunities and defenses that previously protected them, HB614 aims to create a more equitable legal environment for individuals who experience rights violations. This shift is seen as an important step towards ensuring accountability in law enforcement and government conduct, potentially leading to increased incidences of litigation in this area.

Summary

House Bill 614 seeks to establish a framework for holding public entities accountable for the deprivation of certain rights, privileges, or immunities under color of law. Specifically, it introduces Chapter 135 to the Civil Practice and Remedies Code, defining public entities to include state government and local subdivisions, as well as private entities engaging in state actions. The bill allows individuals to pursue legal actions against these entities if they believe their rights have been violated, expanding the scope of accountability for government actions.

Contention

There are notable points of contention regarding HB614's provisions, particularly around the removal of traditional defenses such as qualified immunity, which has historically provided legal protections for law enforcement officials. Critics of the bill may argue that its passage could lead to an influx of frivolous lawsuits against public entities and employees, thereby straining public resources. Conversely, proponents emphasize the necessity of holding entities accountable for abuses of power, making it clear that accountability should not be avoided under legal shields.