Texas House Bill HB545

Texas 2009 - 81st Regular

Caption

Relating to requiring courts to report the number of frivolous lawsuits filed each year.

Impact

The implementation of HB545 will serve as a significant measure aimed at reducing the prevalence of frivolous lawsuits. Frivolous lawsuits are often seen as a misuse of judicial resources, and this measure is intended to curb such practices by creating a system of reporting and accountability. By maintaining a public record of frivolous pleadings, it is expected that both litigants and lawyers will be deterred from engaging in practices that waste the court's time.

Summary

House Bill 545 seeks to enhance accountability regarding frivolous lawsuits within the Texas legal system. The bill requires the clerks of various courts to notify the Office of Court Administration about any signed pleadings or motions that have been identified as frivolous under Section 10.001 of the Civil Practice and Remedies Code. This information will be compiled into a list maintained by the Office of Court Administration. Each year, this list will be sent to the general counsel of the State Bar of Texas to determine if any attorneys involved should face disciplinary action.

Contention

While proponents of HB545 argue that the bill is necessary for preserving the integrity of the judicial process, there may be concerns regarding the subjective nature of what constitutes a frivolous lawsuit. Critics might point out that the implementation of this reporting system could lead to potential misuse, such as the stigmatization of certain litigants or the chilling of legitimate claims. The discussions surrounding the bill may reflect broader themes of access to justice balanced against the need for accountability in the legal system.