Texas House Bill HB2519

Texas 2023 - 88th Regular

• Filed: 2/21/23

Caption

Relating to law enforcement misconduct and law enforcement interactions with certain detained or arrested individuals and other members of the public, to public entity liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

Impact

If enacted, HB 2519 would amend the Civil Practice and Remedies Code, creating Chapter 117 that governs public entity liability related to the deprivation of rights by law enforcement. The alterations will facilitate individuals to sue public entities for violations that happen under color of law, potentially broadening legal remedies available for victims of police misconduct. Moreover, it introduces clear guidelines governing the use of force by law enforcement, notably banning certain chokeholds and requiring officers to intervene in cases of excessive force applied by colleagues.

Summary

House Bill 2519, also known as the George Floyd Act, addresses law enforcement misconduct and the interactions of law enforcement with detained or arrested individuals. The bill introduces provisions for public entity liability in cases of misconduct performed by police officers, holding governmental entities responsible for the actions of their police officers under the doctrine of respondeat superior. This reflects a significant shift toward increasing accountability of law enforcement agencies in Texas, especially in matters of civil rights and public safety.

Sentiment

Discussion surrounding HB 2519 has been marked by polarized opinions. Supporters, including civil rights advocates, view the bill as a vital step toward police reform and increasing transparency within law enforcement operations. In contrast, some law enforcement representatives argue that the bill might hinder police effectiveness and create unnecessary hurdles for officers in the execution of their duties. The overall sentiment is driven by a fundamental imbalance of perspectives on police authority versus the rights of individuals under law enforcement scrutiny.

Contention

Key points of contention include the extent to which law enforcement can use force during their interactions with the public, as well as the implications of heightened accountability for police misconduct. The bill states that public entities may be held liable for peace officers' actions in the context of their employment, which has raised concerns regarding the potential financial impacts on local governments. Opponents argue this could lead to increased litigation against law enforcement agencies and affect their operational capabilities.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 9. Justification Excluding Criminal Responsibility
  • Section: New Section

Transportation Code

• Chapter 543. Arrest And Prosecution Of Violators
  • Section: 001
  • Section: 004

Civil Practice And Remedies Code

• Chapter 117. Liability For And Indemnification Of Certain Claims Relating To Enforcement Of Certain Criminal Offenses Involving Illegal Entry Into This State
  • Section: New Section

Code Of Criminal Procedure

• Chapter 2. General Duties Of Officers
  • Section: New Section