Texas House Bill HB2242

Texas 2025 - 89th Regular

• Filed: 1/29/25
• Out of House Committee: 5/6/25
• Voted on by House: 5/14/25

Caption

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

Impact

The enactment of HB2242 will empower constables by clearly defining their authority over law enforcement policies. This could lead to greater accountability as it implies that their decisions can be scrutinized under federal civil rights actions. The amendment will apply only to causes of action accruing after the bill's effective date of September 1, 2025, indicating that it aims to provide a framework for future law enforcement actions rather than retroactively affecting past cases.

Summary

House Bill 2242 relates to the policy-making authority of constables in Texas concerning civil rights actions. Specifically, it amends the Local Government Code to establish that constables serve as final policy makers on law enforcement decisions within their respective counties for the purpose of federal civil rights actions under 42 U.S.C. Section 1983. This change is significant as it formalizes the role of constables in matters of civil rights, placing them in a position where their decisions can directly influence legal outcomes.

Sentiment

The general sentiment surrounding HB2242 is mixed. Supporters argue that it legitimizes the role of constables as primary decision-makers in their counties, potentially streamlining accountability and responsiveness to civil rights issues. However, there may be concerns regarding the implications of expanded authority for constables, especially in diverse communities where their decisions significantly impact civil rights and public safety.

Contention

Notable points of contention may arise regarding the interpretations of constables' authority and the potential for misuse in civil rights complaints. Critics could argue that consolidating such power in one individual or office might lead to abuses of authority without sufficient checks and balances. The discussions may center around the balance between empowering local law enforcement and ensuring that civil rights are adequately protected across different regions of Texas.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 86. Constable
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