Texas Senate Bill SB2162

Texas 2019 - 86th Regular

Caption

Relating to civil actions involving the exercise of certain constitutional rights.

Impact

The proposed changes in SB2162 will likely influence how legal actions are prosecuted in the state, particularly those that could be perceived as attacks on free expression or the right to petition the government. Under the new provisions, individuals can file motions to dismiss lawsuits that are rooted in their exercise of these rights. This aims to discourage the filing of lawsuits intended to suppress free speech or whistleblowing, fostering a more open and participatory political environment.

Summary

SB2162 aims to amend the Civil Practice and Remedies Code to provide enhanced protections for individuals exercising their constitutional rights to petition, free speech, and free association. The bill establishes procedures that allow individuals to swiftly dismiss legal actions that they believe infringe upon these rights. By emphasizing constitutional safeguards, the legislation seeks to uphold individuals’ rights while ensuring that meritorious lawsuits for demonstrable injuries can still be filed and considered by the courts.

Contention

However, the bill is not without contention. Critics argue that while the intention is to protect constitutional rights, it could be misused by individuals and organizations looking to evade legitimate lawsuits under the guise of free speech protections. The thresholds for proving that a legal action is an infringement on constitutional rights may lead to challenges in courts, and opponents fear that this could result in a backlog of cases as courts navigate these complexities. The outcome of these discussions will affect the balance between ensuring civil rights and maintaining accountability in legal actions against individuals.