Texas House Bill HB3727

Texas 2009 - 81st Regular

Caption

Relating to liability of a governmental unit for certain intentional torts.

Impact

The implications of HB3727 could be significant in shaping how claims against governmental bodies are processed in the state. By reducing the liability for intentional torts, such as assault or false imprisonment that may be connected to actions taken during civil unrest, the bill emphasizes a protective stance for governmental units. This change could limit the accountability of government entities during contentious or turbulent times, encouraging a more assertive approach to law enforcement and school disciplinary actions without the concern of civil repercussions.

Summary

House Bill 3727 seeks to redefine the liability of governmental units in Texas concerning certain intentional torts, including those related to civil disobedience and acts by school authorities. The bill amends existing provisions within the Civil Practice and Remedies Code, specifically targeting the scenarios where a governmental entity can be held liable for the wrongful acts of its employees. Noteworthy amendments include a clear delineation that governmental units are not liable for claims arising from civil disobedience or various intentional torts.

Contention

The bill has sparked debate among lawmakers, particularly regarding its potential to undermine rights related to civil disobedience. Opponents argue that limiting governmental liability in the case of intentional torts committed during acts of protest could lead to abuses of power and insufficient accountability for violent or coercive actions taken by government employees. Supporters contend that the bill is necessary to protect governmental entities from undue litigation and to clarify the legal landscape concerning the actions of employees in complex social and political situations.