Texas 2019 - 86th Regular

Texas Senate Bill SB27

Caption

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

Impact

Overall, SB27 is significant in shifting the balance of power between individuals and state agencies. By facilitating the recovery of attorney's fees in cases deemed frivolous, the bill encourages greater accountability among state agencies, which may deter them from initiating actions without substantial grounds. This change is expected to reduce the number of unfounded regulatory actions taken against citizens and businesses alike, fostering a more equitable legal environment. However, the bill's application is specifically limited to claims filed or actions taken after the effective date, ensuring that previous cases are not retroactively impacted.

Summary

Senate Bill 27 focuses on the recovery of damages, attorney's fees, and costs associated with frivolous claims and regulatory actions taken by state agencies. The bill aims to amend both the Civil Practice and Remedies Code and the Government Code to allow parties involved in lawsuits against state agencies to claim up to $1 million for attorney's fees if the court determines the action was frivolous. This provision is intended to provide a financial incentive for individuals wronged by state agencies to seek redress, enhancing their ability to defend against potentially baseless claims brought by these agencies.

Sentiment

The responses to SB27 are varied, reflecting a mix of support and concern. Proponents argue that it empowers citizens against government overreach and helps to uphold justice within the legal framework, ensuring that those wrongfully targeted by regulatory actions can seek appropriate compensation. On the other hand, critics may view it as a potential avenue for abuse, where individuals could misuse the law to retaliate against legitimate regulatory actions, thus complicating enforcement efforts for state agencies tasked with public safety and welfare.

Contention

Notable points of contention surrounding SB27 involve the delicate balance of regulatory authority and individual rights. Supporters assert that enhancing plaintiffs' rights will deter frivolous actions, ultimately fostering a fairer legal environment. In contrast, opponents could argue that it may inadvertently hinder the ability of state agencies to perform their regulatory functions effectively. The legislation raises critical questions about the implications of fiscal liabilities on state operations and the potential chilling effect it may have on the willingness of agencies to enforce laws vigorously.

Companion Bills

TX HB3936

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

WV HB2617

An Act to Establish a Cap on Government Red Tape

CA SB679

Political Reform Act of 1974: postgovernment employment.

IA HF2106

A bill for an act providing for a regulatory relief program.

IA HF85

A bill for an act providing for a regulatory relief program.

AZ HB2686

Health profession regulatory boards

RI H5844

Universal Regulatory Sandbox Act

AR HB1322

To Amend Arkansas Law Concerning The Reduction Of Certain Regulatory Fees And Charges; And To Declare An Emergency.

IN HB1330

Sandbox legislation.