Texas 2023 - 88th Regular

Texas Senate Bill SCR12

Caption

Granting the victims of the Robb Elementary attack permission to sue the State of Texas.

Impact

If enacted, SCR12 would modify the current legal framework surrounding the ability of individuals to seek damages from the state. It specifically allows claims based on the actions of state employees, potentially setting a precedent for future lawsuits involving negligence during critical incidents. The resolution aims to provide a legal remedy to the families affected by the shooting, enabling them to seek compensation for their suffering. Additionally, it could impact policies related to law enforcement protocols, as the scrutiny surrounding this bill could lead to changes in how state entities handle emergency situations in schools.

Summary

Senate Concurrent Resolution 12 (SCR12) addresses the tragic events that took place at Robb Elementary School in Uvalde, Texas, on May 24, 2022, where 19 children and 2 teachers lost their lives. The resolution is presented in response to the apparent failures of law enforcement during the incident, particularly the decision to delay intervention for 77 minutes while the situation escalated. This resolution seeks to allow the victims, or their families, to sue the State of Texas for claims related to the conduct or negligence of state employees during the attack. This reflects a significant legal change, focusing on accountability for state actions concerning public safety in schools.

Sentiment

The sentiment surrounding SCR12 is understood to be aligned with a call for justice and accountability rather than an attempt to vilify law enforcement as a whole. Supporters of the resolution, including family members of the victims, argue that justice needs to be served and that the families deserve their day in court to hold the responsible parties accountable. On the opposite side, there may be concerns regarding the implications of suing the state and the potential chilling effect it could have on law enforcement's decision-making in high-stakes situations.

Contention

The primary contention surrounding SCR12 arises from the delicate balance between ensuring accountability for negligent state action while also recognizing the complexities and dangers faced by law enforcement during such critical incidents. Critics of the resolution may argue that it could undermine the response strategies of law enforcement by creating fears of litigation. Nevertheless, proponents emphasize the necessity of addressing failures to act during emergencies and seek legislative action that ensures victims' rights are protected and resentment is actionable.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 107. Permission To Sue The State
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.