Texas 2019 - 86th Regular

Texas House Bill HB3936

Caption

Relating to recovery of damages, attorney's fees, and costs related to frivolous claims and regulatory actions by state agencies.

Impact

If enacted, HB3936 would have a significant impact on the legal landscape concerning lawsuits involving state agencies. By facilitating the recovery of fees associated with frivolous claims, the bill could encourage accountability among state agencies, prompting them to carefully consider the basis of their claims before initiating legal actions. This reform could lead to a reduction in the number of frivolous lawsuits, ultimately alleviating the burden on the court system and promoting a more equitable legal process for individuals and entities engaged in litigation with state agencies.

Summary

House Bill 3936 proposes amendments to the Civil Practice and Remedies Code and the Government Code to address the recovery of damages, attorney's fees, and costs associated with frivolous claims asserted by state agencies. The bill aims to allow parties involved in civil suits against state agencies to recover attorney's fees and associated costs when they can demonstrate that the agency's claim is frivolous. The legislation sets a monetary cap of up to $1 million for the fees that can be recovered in such instances, which proponents believe will deter state agencies from pursuing baseless actions.

Contention

Despite its potential benefits, HB3936 may face contention regarding its practical implications. Critics could argue that the bill might lead to an overwhelming number of claims being filed by individuals alleging frivolous conduct from state agencies, thus complicating the judicial process. Additionally, concerns might arise that the cap on recoverable damages could limit the ability of litigants to obtain fair compensation for their legal expenses. This tension between promoting accountability and protecting judicial resources is likely to be a central point of debate in discussions surrounding the bill.

Companion Bills

TX SB27

Same As Relating to recovery of damages, attorney's fees, and costs related to frivolous claims and regulatory actions by state agencies.

Previously Filed As

TX HB1546

Relating to the recovery of fees, court costs, and expenses in family law proceedings.

TX HB5253

Relating to recovery of attorney's fees in common law and statutory tort claims.

TX HB2412

Relating to civil actions by a civilly committed individual.

TX SB1180

Relating to civil actions by a civilly committed individual.

TX HB5214

Relating to actions brought by the attorney general on behalf of certain persons under the Texas Free Enterprise and Antitrust Act of 1983.

TX HB2023

Relating to the award of court costs and attorney's fees in certain actions involving regulation by political subdivisions.

TX HB3750

Relating to venue and choice of law for certain actions involving censorship by social media platforms and to statutory damages in actions brought by social media users against social media platforms for prohibited censorship.

TX HB1610

Relating to the defense of this state or a state agency in actions challenging the constitutionality of a state statute.

TX SB1612

Relating to court administration and costs; increasing certain court costs; authorizing fees.

TX HB5241

Relating to the expenses and methods of financing the operations of certain state licensing or regulatory agencies and related agencies.

Similar Bills

No similar bills found.