Texas House Bill HB909

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to law enforcement misconduct and law enforcement interactions with certain detained or arrested individuals and other members of the public, to public entity liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

Impact

If enacted, HB909 will require law enforcement agencies to adopt a range of policies and procedures to foster transparency and accountability. Among these changes, the bill mandates the establishment of a progressive disciplinary matrix to enforce standards for police conduct, thereby affecting how local governments manage and discipline their officers. The legislation also seeks to prevent actions resulting in excessive use of force and to ensure proper training on de-escalation techniques, fundamentally reshaping law enforcement practices across the state.

Summary

House Bill 909, known as the George Floyd Act, aims to address law enforcement misconduct and establish standards for interactions between law enforcement officers and the public, particularly during detainment or arrest. This legislation introduces new provisions regarding public entity liability, which makes public entities liable for the actions of their peace officers if these actions result in the deprivation of rights under state or federal law. The bill's provisions emphasize the enforcement of civil rights for individuals during law enforcement interactions and provide a framework for accountability for misconduct by peace officers.

Contention

The bill is expected to face scrutiny and debate, particularly regarding its implications for police operations and community interactions. Proponents argue that these regulations are necessary to build trust between law enforcement and the communities they serve, while opponents may warn that it could hinder the ability of officers to perform their duties effectively or lead to increased scrutiny that might not enhance public safety. Key issues include the potential for financial liability for police departments and whether the state's intervention into local law enforcement practices may overstep local control.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 143. Municipal Civil Service For Firefighters And Police Officers
  • Section: New Section
  • Section: 008

• Chapter 142. Assistance, Benefits, And Working Conditions Of Municipal Officers And Employees
  • Section: New Section

• Chapter 174. Fire And Police Employee Relations
  • Section: 005
  • Section: 006

Penal Code

• Chapter 9. Justification Excluding Criminal Responsibility
  • Section: New Section

Transportation Code

• Chapter 543. Arrest And Prosecution Of Violators
  • Section: 001
  • Section: 004

Code Of Criminal Procedure

• Chapter 2. General Duties Of Officers
  • Section: New Section