BILL ANALYSIS

H.B. 2549

By: Dutton

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, government employees who commit intentional torts cannot be held liable when the governmental unit for which they work is a party to the same suit due to provisions that broadly bar and dismiss suits against government employees in such cases. H.B. 2549 seeks to address this issue by prohibiting those provisions from being construed to restrict a plaintiff's ability to bring a suit against government employees for intentional torts.

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. 2549 amends the Civil Practice and Remedies Code to prohibit statutory provisions relating to the election of remedies in a suit against a governmental unit or any of its employees under the Texas Tort Claims Act from being construed to restrict a plaintiff's ability to bring a suit against an employee of a governmental unit for assault, battery, false imprisonment, or any other intentional tort, including a tort involving disciplinary action by school authorities.

EFFECTIVE DATE

September 1, 2021.