Texas Senate Bill SB1314

Texas 2021 - 87th Regular

Caption

Relating to a person obtaining a surety bond before filing a suit against a groundwater conservation district.

Impact

The implementation of this bill is expected to significantly affect the interaction between landowners or individuals and groundwater conservation districts. By requiring a surety bond, SB1314 seeks to deter baseless legal claims that may burden districts financially. Supporters of the bill argue that it will protect groundwater districts and promote responsible legal proceedings, ensuring that only serious claims reach the courts. This approach is seen as a necessary action to preserve the integrity and financial stability of groundwater conservation efforts.

Summary

SB1314 is a legislative measure that mandates individuals to obtain a surety bond before commencing a lawsuit against a groundwater conservation district in Texas. This requirement is aimed at ensuring that the costs associated with potential legal actions are covered beforehand. The bill specifies that the surety bond must encompass all legal expenses related to the suit, which includes costs incurred by both the applicant and the district, as well as any hearings that may be requested before the State Office of Administrative Hearings. This legal structure is designed to curtail frivolous lawsuits filed against groundwater conservation entities.

Contention

Debate surrounding SB1314 may arise from the perceptions of access to legal recourse for individuals against governing bodies. Critics might argue that the bond requirement creates an additional financial barrier that could dissuade justified claims from being filed, potentially stifling valid grievances. Opponents could contend that ensuring accountability should not come at the cost of limiting the ability of constituents to challenge conservation districts, especially in matters where grassroots advocacy for local water resources is concerned.