Texas House Bill HB3678

Texas 2009 - 81st Regular

Caption

Relating to the sovereign immunity of state military forces.

Impact

The passage of HB 3678 is expected to change the landscape of civil liabilities related to state military forces. By explicitly stating that the chapter does not cover claims against military personnel engaged in active duty, the bill establishes clear boundaries of accountability. This measure might encourage potential claims against military personnel in specified contexts, which could lead to increased legal scrutiny regarding the conduct of these forces while on duty. Furthermore, the amendment may necessitate adjustments to legal strategies for both military personnel and those considering claims against them.

Summary

House Bill 3678 addresses the issue of sovereign immunity concerning the state military forces of Texas. This legislation proposes an amendment to Section 101.054 of the Civil Practice and Remedies Code, stating that the existing liability protections outlined therein do not apply to claims arising from the activities of the state military forces when they are on active duty under lawful orders. The goal of this bill is to clarify the legal standing of military personnel in cases where claims may be made against them during their active service.

Contention

One notable point of contention surrounding this bill could be the implications it holds for the rights of state military personnel versus the rights of civilians. While proponents might argue that it fosters greater accountability among military members, opponents may raise concerns about the potential chilling effects on military engagement and morale. If service members fear civil liability for actions taken during duty, this may discourage decisive action in critical situations. The bill, therefore, sits at the intersection of military effectiveness and civil rights, making it a complex topic for further debates.