Relating to civil liability for injury of a protestor by the operator of a motor vehicle.
If enacted, HB 250 would significantly alter the legal landscape surrounding protests in Texas, particularly in relation to how demonstrators operating within public rights-of-way may be treated under civil liability laws. The intention behind the bill is to protect motorists from legal repercussions when judging that injury to protesters blocking traffic may be justified under certain conditions, thus potentially deterring legal actions against drivers.
House Bill 250 proposes amendments to the Civil Practice and Remedies Code of Texas by introducing Chapter 72A, which addresses civil liability for injuries sustained by individuals participating in protests or demonstrations. Specifically, the bill stipulates that a driver of a motor vehicle will not be held liable for injuring a protester who is blocking traffic, as long as the driver can demonstrate that they were exercising due care at the time of the incident. Additionally, this immunity does not apply in cases where grossly negligent conduct can be established against the driver.
The introduction of this bill has sparked concern and debate regarding public safety and the rights of individuals to protest. Critics may argue that the legislation could lead to an increased risk of harm to protesters, as it effectively provides legal protection to drivers, regardless of the circumstances surrounding the incident. On the other hand, supporters might contend that it strikes a necessary balance between ensuring lawful conduct on the roadways and protecting individuals’ rights to express their opinions through demonstration.
This bill also establishes that its changes would only apply to causes of action that accrue on or after the effective date of the Act. Should the bill ultimately pass and be enacted, it would require ongoing scrutiny regarding its real-world applications and potential consequences, particularly in terms of accidental harm during protests and the overall public sentiment around civil liberties.