Texas House Bill HB1338

Texas 2009 - 81st Regular

• Out of House Committee: 5/7/09

Caption

Relating to certain civil actions against persons who file complaints with governmental agencies or quasi-governmental entities.

Impact

The implications of HB 1338 are substantial, as it provides a framework for assessing the validity of claims against individuals who lodge complaints. It delineates what constitutes 'good faith' versus 'bad faith' in the context of filing complaints, with a structured approach to determine liability for harassing conduct. This includes the ability for complainants to seek damages if they can demonstrate that harassing behavior was employed to discourage or retaliate against them for making a complaint. Such provisions promote accountability for those who may attempt to intimidate or silence complainants.

Summary

House Bill 1338 addresses civil actions related to complaints filed with governmental agencies or quasi-governmental entities. The bill introduces Chapter 140 to the Civil Practice and Remedies Code, outlining specific provisions regarding claims made by or against complainants. A significant aspect of this bill is the emphasis on protecting individuals who file complaints, establishing that complaints made in good faith cannot lead to monetary damages or injunctive relief against the complainant. This aims to encourage citizens to report wrongdoing without fear of retaliation or legal repercussions for making complaints.

Contention

There may be points of contention surrounding the bill, particularly how it delineates 'harassing conduct' and what measures will be enforced to prevent such actions. Skeptics may question whether the definitions provided adequately protect the rights of complainants while also addressing potential abuses of the system by those who might file frivolous claims. Furthermore, discussions about how the bill interfaces with existing laws concerning defamation, slander, and libel could also be significant, considering the balance between protecting complainants and ensuring fair treatment for those accused.