Houston Republic

A study by the University of Houston found that a majority of Texans support criminal justice reforms approximately one year after the nationwide protests following the death of George Floyd at the hands of Minneapolis police officers.

According to the study, 72% of all Texans support the Texas George Floyd Act, legislation designed to curb the excessive use of force such as chokeholds while limiting the immunity of police officers from civil lawsuits.

"Texas has a big problem with excessive use of force by the police as it is protected by current law regardless of justification," Houston Peace and Justice Center President Jeff Reese said. "Most police reforms are hollow and superficial without any true ability to reform."

The study also found that 91% of Texans believe there should be a requirement for officers to intervene if they observe another using excessive force; 77% believe police officers should be banned from using chokeholds, and 72% support limits on the immunity of police officers from civil lawsuits.

Additionally, 9 out of 10 Texans support expanding law-enforcement training related to conflict de-escalation and the use of force.

Texas' lethal force statute currently allows an officer to use lethal force against anyone who is suspected of a violent felony, regardless if the individual poses an immediate threat; Texas law also makes it a duty of police officers to arrest on all charges regardless of severity but does not consider it a duty to save a life or intervene when another officer is doing harm.

"Driving factors [of excessive force] are public complacency, pro-police bias, legal roadblocks and police unions, to name a few," Reese said. "Besides ignorance of the depth of the problem by the general public."

According to Reese, one of the other main factors behind a lack of change to criminal justice reform is qualified immunity; a judicial doctrine established by the Supreme Court in the late 1960s that has since shielded public officials from liability when they break the law.

"Qualified immunity is the reason the police see no need to change," Reese said. "The court system protects them no matter how bad they act as long as they can show it as part of their official job."

The Texas George Floyd Act, comprised of bills HB 88, filed by Rep. Senfronia Thompson (D-Houston) and SB 161, filed by Sen. Royce West (D-Dallas), would require police officers to intervene if another officer is using excessive force. It would also order officers to not use lethal force when lesser forms would suffice along with a ban of the use of chokeholds and limiting the immunity of police officers from civil lawsuits; the bills are currently under consideration in Texas' 2021 congressional session.