BILL ANALYSIS

H.B. 439

By: Shaheen

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Concerns have been raised regarding the civil protections available to a person who reports to law enforcement activity reasonably considered suspicious. H.B. 439 seeks to address this problem by establishing limitations on civil actions against a person who makes such a report.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 439 amends the Civil Practice and Remedies Code to prohibit a civil action from being brought against a person who made a report of suspicious activity of another person to an appropriate law enforcement authority if the person who made the report acted as a reasonable person would in the same or similar circumstances and with a reasonable belief that the suspicious activity constituted or was in furtherance of a crime, including an act of terrorism.  

EFFECTIVE DATE

September 1, 2019.