Texas House Bill HB2311

Texas 2023 - 88th Regular

• Filed: 2/14/23

Caption

Relating to peace officer liability for an improper response to a mass casualty event.

Impact

If enacted, HB2311 will amend the Civil Practice and Remedies Code by introducing a new chapter specifically focused on public servant liability during mass casualty events. The new provisions state that a peace officer cannot claim official immunity as a defense in lawsuits brought under this statute. This change could lead to increased scrutiny of law enforcement responses during major emergencies and may influence how law enforcement agencies develop and implement response protocols.

Summary

House Bill 2311 addresses the liability of peace officers in the context of mass casualty events. The bill allows individuals harmed or the estates of those killed in incidents where five or more fatalities occur to initiate legal action against peace officers who do not adhere to established standard operating procedures while responding to such events. This legislation seeks to hold peace officers accountable for their actions during critical situations where timely intervention could prevent further loss of life.

Sentiment

The sentiment surrounding HB2311 is likely to be mixed. Proponents argue that the legislation is essential for ensuring that law enforcement officers are held accountable for their actions or inactions during crises, potentially leading to improved emergency response strategies. However, opponents may view the bill as a threat to public safety, suggesting that it could deter officers from responding assertively in fear of legal repercussions, thereby jeopardizing lives during critical incidents.

Contention

Notable points of contention may arise regarding the balance between accountability and the operational realities faced by peace officers during mass casualty incidents. Critics might express concerns that imposing liability without properly assessing the unique and chaotic circumstances of such events could unfairly penalize officers who are often making split-second decisions under extreme pressure. This discussion could lead to broader debates about the standards of care expected from law enforcement in emergency situations and the complexities of establishing negligence in high-stakes contexts.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 5. Rule Of Decision
  • Section: New Section

• Chapter 1. General Provisions
  • Section: New Section