Texas House Bill HB1319

Texas 2009 - 81st Regular

• Out of House Committee: 4/29/09
• Voted on by House: 5/13/09

Caption

Relating to an exemption for school districts from security for court costs and appeal bond.

Impact

If passed, this bill would amend the Civil Practice and Remedies Code by adding a new section that specifically delineates the authority of school districts to undertake legal proceedings without the typical financial requirements that apply to other litigants. This potential exemption could enable school districts to pursue litigation more freely, thus enhancing their ability to protect their interests without having to bear the immediate costs of appealing decisions or defending against claims.

Summary

House Bill 1319 introduces significant changes regarding the legal obligations of school districts in Texas related to court costs and appeal bonds. The bill aims to exempt school districts from the requirement to provide security for court costs when instituting or prosecuting legal actions. Moreover, it allows these districts to appeal judgments without the necessity of posting a supersedeas or cost bond. This legislative change is intended to facilitate the legal process for school districts and reduce the financial burdens associated with legal actions.

Contention

The introduction of HB 1319 may face scrutiny and debate regarding its implications on the legal system and the responsibilities of school districts. Supporters of the bill argue that it empowers school districts to act in their best interests without the deterrent of financial barriers, thereby promoting a more equitable playing field in legal matters. Conversely, critics may raise concerns about the broader implications of relieving public entities from traditional financial safeguards in litigation, potentially leading to increased claims against school districts without the corresponding risk of financial repercussions.