Texas House Bill HB2549

Texas 2021 - 87th Regular

Caption

Relating to suits against certain governmental employees.

Impact

The bill's amendments aim to clarify the rights of plaintiffs in cases involving allegations of intentional torts by government employees. By allowing individuals to sue employees for certain acts, HB2549 is expected to enhance accountability among governmental employees. However, because the changes apply only to causes of action accruing after the effective date, any cases that arose prior will remain subject to the prior law, potentially leading to inconsistencies in the application of these legal provisions.

Summary

House Bill 2549 amends existing statutes governing civil actions against governmental employees in Texas. Specifically, the bill modifies Section 101.106 of the Civil Practice and Remedies Code. Under the current law, if a plaintiff files a suit against a governmental unit, they are barred from pursuing claims against individual employees for the same subject matter. HB2549 introduces a provision that allows individuals to file suits against governmental employees for specific intentional torts, including assault and battery, thereby providing a limited exception to the existing immunity protections.

Contention

While proponents of the bill argue that it is a necessary measure to ensure justice and accountability in cases involving misconduct by governmental employees, critics may express concerns regarding the potential increase in litigation against state and local employees. The bill's limited exceptions to liability could be seen as a double-edged sword: while it provides recourse for plaintiffs in cases of misconduct, it may also create challenges for governmental entities in managing legal risks and protecting their employees from frivolous lawsuits.