Texas House Bill HB687

Texas 2011 - 82nd Regular

• Introduced: 1/18/11
• Refer: 2/21/11

Caption

Relating to liability of a governmental unit for personal injury and death caused by the governmental unit's negligence.

Impact

The enactment of HB 687 would necessitate adjustments to how claims against governmental units are handled in Texas. By establishing clearer parameters around liability due to negligence, the bill could potentially increase the accountability of governmental agencies and employees. This change would particularly affect the legal framework surrounding personal injury claims, as it clarifies the conditions under which governmental units can be held liable, ensuring consistency with private liability standards. Nonetheless, the changes may also lead to concerns regarding the impact on public resources and overall governmental operations.

Summary

House Bill 687 aims to amend the Texas Civil Practice and Remedies Code concerning the liability of governmental units for personal injury and death caused by their negligence. The bill specifies that a governmental unit may be liable for damages when an employee, acting within the scope of their employment, engages in wrongful acts or omissions resulting in property damage, personal injury, or death. Such liability applies particularly to incidents involving the operation of motor-driven vehicles or equipment, reflecting an effort to hold governmental entities accountable for negligence similar to private entities under Texas law.

Sentiment

The sentiment around HB 687 appears to be mixed, with supporters claiming that the bill promotes fairness and accountability within governmental units, allowing citizens to seek redress for negligence similarly to how they could against private parties. Critics, however, may argue that increasing the liability of government agencies could strain public resources and inhibit their ability to serve the community, potentially leading to increased costs for taxpayers. The balance between accountability and practical governance is central to the debate surrounding the bill.

Contention

Notable points of contention in the discussions surrounding HB 687 include concerns about the financial implications of increased governmental liability, as proponents assert the need for accountability, while opponents fear that this could lead to reduced government effectiveness due to fear of litigation. The amendment aims to clarify existing laws regarding governmental negligence, but it raises broader questions about the extent to which taxpayers should bear the financial burden of increased claims against public entities.