Texas 2023 - 88th Regular

Texas Senate Bill SB1180

Filed
2/24/23  
Out of Senate Committee
4/6/23  
Voted on by Senate
4/12/23  
Out of House Committee
5/2/23  
Voted on by House
5/12/23  
Governor Action
5/24/23  

Caption

Relating to civil actions by a civilly committed individual.

Impact

The introduction of SB 1180 is set to have significant implications for state laws governing civil suits initiated by civilly committed individuals. The bill includes rigorous standards for filing claims, including requirements for affidavits that ascertain the claimant's ability to pay court costs. With these provisions, the bill seeks to deter frivolous lawsuits while still permitting individuals the opportunity to bring genuine claims before the court. The implementation of financial regulations around court fees may affect the ability of some committed individuals to pursue legal action, potentially limiting access to justice for those who are unable to meet the stipulated financial requirements.

Summary

Senate Bill 1180 pertains to civil actions filed by civilly committed individuals, particularly those categorized as sexually violent predators under Texas law. By establishing a new chapter in the Civil Practice and Remedies Code, the bill outlines the judicial processes for these individuals when filing lawsuits. It aims to streamline and regulate the conditions under which these offenses are pursued in court, addressing concerns over frivolous or malicious claims that may arise from this demographic. This legislative measure is intended to minimize unnecessary litigation while ensuring that legitimate grievances can still be addressed appropriately in the judicial system.

Sentiment

The sentiment surrounding SB 1180 appeared to be largely supportive within the legislative chambers, as indicated by the substantial majority vote during passage (Yeas 135, Nays 7 in the House). Advocates argue that this bill is a necessary step in tackling the issue of frivolous lawsuits often filed by civilly committed individuals, thereby protecting judicial resources and ensuring the integrity of the legal process. However, there is also notable opposition from civil rights advocates who express concerns that the restrictions could undermine the legal rights of individuals who may already be marginalized within the justice system.

Contention

Notable points of contention include the balance between curtailing frivolous litigation and ensuring access to the courts for civilly committed individuals. Critics of SB 1180 argue that while addressing abuse of the legal system is essential, implementing strict financial barriers may prevent individuals from seeking redress for legitimate claims. The requirement to prove financial constraints could lead to unequal access, where only those with sufficient resources can pursue their right to litigate. This potential disenfranchisement has raised alarms among civil liberties groups, who advocate for a system that allows all individuals, regardless of financial status, to access the judicial system effectively.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 14. Inmate Litigation
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Health And Safety Code

  • Chapter 841. Civil Commitment Of Sexually Violent Predators
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB2412

Identical Relating to civil actions by a civilly committed individual.

Similar Bills

TX HB3360

Relating to civil actions by a civilly committed individual.

TX HB2412

Relating to civil actions by a civilly committed individual.

TX SB908

Relating to civil actions by a civilly committed individual.

TX SB1442

Relating to civil actions by a civilly committed individual.

MI HB4061

Public employees and officers: state; state contractors; require to verify legal residency of employees. Creates new act.

TX HB2424

Relating to the exclusion of certain conveyances from classification as pretended sales.

IL HB1466

CIV PRO-AFFIDAVIT OF MERIT

IL SB1352

CIV PRO-AFFIDAVIT OF MERIT