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Texas Expands Legal Protections For Police Misconduct

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The Texas Civil Rights Project (TCRP) has issued a strong condemnation of recent legislative actions in Texas that, according to the organization, reinforce police impunity and restrict public transparency over officer misconduct.

As reported by the TCRP in a press release issued April 18, the Texas Senate confirmed Austin police officer Justin Berry to a second term on the Texas Commission on Law Enforcement (TCOLE) earlier this month. Berry, who has faced public criticism over past incidents involving excessive force, was confirmed by a single vote—cast by Democratic Senator Juan “Chuy” Hinojosa, who broke with his party to support the nomination.

According to Chris Harris, Associate Director of Advocacy at TCRP, Berry’s appointment undermines the mission of TCOLE itself. “TCOLE was created to hold law enforcement to a higher standard,” Harris said, “Instead, it’s being weaponized to shield officers like Berry and rubber-stamp abuse of power.”

The organization also voiced concern over Senate Bill 1637, which would exempt officers from charges of deadly conduct if they can prove they were performing official duties at the time of a shooting. According to TCRP, the bill effectively lowers the threshold for when deadly force can be justified, potentially encouraging reckless behavior by law enforcement.

“This bill will make holding police accountable for the unjust use of deadly force even more difficult,” Harris stated, “and may even encourage more dangerous or reckless conduct by Texas police working in our communities,” as reported by the Texas Civil Rights Project.

Meanwhile, Jennifer Szimanski, Deputy Executive Director for CLEAT (Combined Law Enforcement Associations of Texas,) testified that: “This bill is needed because the deadly conduct statute as written today has been weaponized against law enforcement officers. Officers have been convicted and sentenced to prison despite acting in accordance with their training, law, and policies. The current statute hampers jurors and prosecutors and leads to unfair prosecutions of officers who are doing their job. This bill passed the Senate unanimously and is crucial to protect officers and retain them in the profession.”

She also clarified that qualified immunity does not apply to this criminal charge and that there are many other criminal charges available for law enforcement misconduct, but prosecutors often resort to the overly broad deadly conduct charge when they cannot meet the elements of other offenses. 

Additionally, House Bill 2486—recently passed by a House committee—has raised alarm among transparency advocates. The bill would permanently seal law enforcement conduct records if a department chooses not to discipline the officer involved. As noted in the TCRP release, this provision would allow agencies across Texas to conceal misconduct simply by declining to act. 

“This dangerous bill expands police secrecy at a moment when the public demands greater transparency,” Harris warned. “We cannot allow the people we empower to detain, search, arrest, use force and even kill to operate outside of the public eye.”

According to the Texas Civil Rights Project, these legislative developments represent a broader trend of shielding law enforcement from scrutiny at a time when public confidence in police institutions remains fragile. The organization is calling on Texans to speak out and demand reforms that promote accountability and justice.

RA Staff
RA Staff
Written by RA News staff.

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