Texas House Bill HB84

Texas 2013 - 83rd 1st C.S.

Caption

Relating to persons who are public servants for purposes of the offense of official oppression.

Impact

The implications of HB 84 on state laws include a clearer framework for prosecuting offenses of official oppression involving federal personnel. By incorporating federal employees and agents into the state law's definition of public servants, the bill enables state authorities to hold such individuals accountable for their actions under the Texas Penal Code. This legal adjustment aligns state enforcement mechanisms with the realities of federal law enforcement interactions with civilians, potentially reducing instances where federal officials might operate beyond the reach of state laws.

Summary

House Bill 84 aims to amend the definition of 'public servant' under the Texas Penal Code specifically for the purpose of addressing the offense of official oppression. The bill expands the definition to include individuals acting under federal authority, such as employees of the U.S. government, officers from various branches of federal agencies, and contractors providing security or law enforcement services under federal contracts. This broadened definition seeks to enhance accountability and control actions that may be considered oppressive by officials operating under the color of federal law.

Sentiment

The sentiment regarding HB 84 appears to be supportive among those advocating for a more standardized accountability framework for public officials, particularly in contexts where federal and local law intersect. Proponents argue that the bill is necessary for protecting citizens from misuse of power by federal agents and ensuring that those who have oversight roles are held responsible under state law. However, there are concerns that augmenting state authority over federal officials might lead to disputes regarding jurisdiction and the potential for overreach in applying state law to federal actions.

Contention

Contention surrounds the bill primarily with respect to the potential tensions it could create between state and federal law enforcement agencies. Critics argue that expanding the definition of public servants to include individuals acting under federal authority could blur the lines of accountability and lead to conflicting interpretations of laws across jurisdictions. Additionally, there are apprehensions that HB 84 could discourage federal agents from performing their duties effectively if they perceive risk under state law. Thus, while the bill aims to enhance oversight, it also raises significant questions about the balance of powers between state and federal jurisdictions.