Texas House Bill HB3811

Texas 2017 - 85th Regular

Caption

Relating to actions involving the exercise of certain constitutional rights.

Impact

The bill modifies the Civil Practice and Remedies Code to define how legal actions are treated when they involve constitutional rights. It emphasizes that courts are required to dismiss cases if a party can demonstrate that the legal proceedings are based on their exercise of speaking freely, petitioning, or associating. This provision is seen as enhancing protections for entities that might otherwise face retaliatory lawsuits for voicing their opinions or participating in legal government processes.

Summary

House Bill 3811 addresses legal actions involving the exercise of certain constitutional rights, specifically the rights to free speech, petition, and association. The amendments proposed in the bill are intended to provide a clearer path for parties involved in legal actions that they believe are in response to their protected constitutional activities. Under HB3811, a party may file a motion to dismiss if their legal action is deemed to relate directly to their exercise of these rights. This change aims to protect individuals and organizations engaging in political discourse and participation from being unduly penalized through litigation.

Contention

While proponents argue that the bill strengthens the safeguarding of free speech and protects participants in government discourse, critics may view it as a means to limit the ability to hold individuals accountable for their actions when they defend controversial or unpopular opinions. There could be concerns that it might encourage abuse of the legal system by allowing frivolous dismissals under the guise of safeguarding constitutional rights, possibly hindering legitimate legal complaints.