Texas House Bill HB778

Texas 2011 - 82nd Regular

• Out of House Committee: 4/29/11
• Introduced: 1/20/11
• Refer: 2/23/11
• Report Pass: 4/20/11

Caption

Relating to the execution of lawful process by county jailers.

Impact

If enacted, the bill would significantly change the scope of authority for county jailers. This enhances operational capabilities within the jail system, facilitating quicker legal processes for individuals in custody. The change could potentially reduce delays in executing lawful processes that may currently require transfer or additional coordination with peace officers. This efficiency gain may impact how legal processes are handled in local jails, thereby influencing the overall judicial system in Texas.

Summary

House Bill 778 aims to amend the Code of Criminal Procedure in Texas by adding provisions for county jailers to execute lawful processes. Under this bill, jailers who have completed a training program provided by their sheriff would have the same authority as peace officers to execute various forms of legal documents, including warrants, subpoenas, and attachments related to individuals confined in their facilities. The goal of HB778 is to enhance the efficiency of law enforcement by allowing county jailers to act on lawful processes within their jurisdiction.

Contention

While the bill looks to streamline operations within the local judicial ecosystem, there may be points of contention regarding the training efficacy and the extent of powers being granted to county jailers. Concerns might arise around ensuring that jailers are adequately trained to execute such processes without infringing on the rights of the incarcerated. There could also be discussions on whether this shift in powers is necessary or if it could lead to possible abuses of authority. Stakeholders will likely debate the balance between enhancing jailer responsibilities while maintaining robust oversight.