Texas House Bill HB1920

Texas 2023 - 88th Regular

• Filed: 2/3/23

Caption

Relating to policy-making authority of constables for the purpose of a federal civil rights action.

Impact

The bill intends to solidify the role of constables as significant decision-makers in law enforcement, aligning their legal status with the realities of their operational responsibilities. By establishing that constables can be considered final policymakers, the bill enhances their accountability in civil rights cases. This change in law could potentially lead to an increase in litigation involving constables, as it provides a clearer avenue for individuals to hold law enforcement accountable in the case of alleged civil rights violations.

Summary

House Bill 1920 seeks to clarify the policy-making authority of constables in Texas, particularly in the context of federal civil rights actions. The bill specifically amends the Local Government Code to designate constables as the final policymakers for law enforcement decisions in their respective counties under 42 U.S.C. Section 1983. This change is aimed at addressing legal uncertainties regarding constables' status in civil rights litigation, particularly following a case where a Harris County constable was involved in a shooting incident and was not recognized as a policymaker by the court.

Sentiment

The general sentiment around HB 1920 is mixed, with supporters advocating for clarity in the law that would empower constables in their roles, while some express concerns regarding the implications of granting constables such authority. Proponents argue that clear policy-making authority could foster better training and oversight in law enforcement practices. In contrast, critics fear that this might lead to increased liability for constables and ultimately impact their decision-making processes under pressure.

Contention

One notable point of contention involves the balance of authority and accountability in law enforcement. Critics question whether providing constables with unequivocal authority as policymakers might dilute accountability mechanisms for law enforcement actions. Supporters of the bill argue that the clarification is necessary for effective policing and that constables are tasked with critical decisions that warrant acknowledgment in the legal framework. Ultimately, the debate reflects larger discussions regarding the roles and responsibilities of local law enforcement officials in upholding civil rights.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 86. Constable
  • Section: New Section