Texas Senate Bill SB2138

Texas 2009 - 81st Regular

Caption

Relating to civil liability for domestic violence.

Impact

The enactment of this bill is expected to extend the rights of individuals affected by domestic violence by allowing them to recover actual damages, including mental anguish, without the necessity of proving another form of injury. Additionally, it provides for exemplary damages, court costs, and reasonable attorney's fees, thus lowering the barriers for victims pursuing legal recourse. This change empowers claimants significantly against perpetrators of domestic violence, encouraging them to come forward and seek justice.

Summary

SB2138 introduces significant amendments to civil liability concerning domestic violence in Texas. This new legislation, codified in Chapter 100H of the Civil Practice and Remedies Code, stipulates that defendants can be held liable for damages resulting from conduct identified as an offense under Section 22.01 of the Penal Code, specifically targeting domestic violence scenarios. The bill thereby establishes a clearer path for claimants seeking justice and compensation for mental anguish and other damages stemming from such violence.

Contention

While proponents of SB2138 argue that it is an essential step forward in protecting survivors of domestic violence and providing them with necessary legal support, there could be concerns regarding the burden it places on defendants. Critics may argue that expanding civil liability could lead to frivolous lawsuits, ultimately straining the judicial system. Furthermore, questions may arise about how effectively these changes will be implemented and whether they will lead to justice for survivors or increased legal disputes.