Texas 2009 - 81st Regular

Texas Senate Bill SB516

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the filing of an affidavit stating that a plaintiff is not a vexatious litigant.

Impact

The impact of SB516 is expected to be significant for civil litigation in Texas. By imposing this pre-filing requirement, the bill seeks to streamline court processes and reduce the burden on judges and court personnel, allowing them to focus on legitimate cases. However, it may also raise concerns about access to justice, particularly for individuals who may not be aware of or capable of fulfilling the affidavit's requirements. The bill allows local administrative judges to grant exemptions to individuals who can demonstrate that their case has merit, thereby trying to balance the need for court efficiency with equitable access.

Summary

Senate Bill 516 aims to introduce a mechanism for preventing vexatious litigation in the state of Texas. Specifically, it mandates that plaintiffs must file a verified affidavit stating that they do not fall under the definition of a vexatious litigant before commencing most types of litigation. This requirement is intended to safeguard the courts from individuals who repeatedly engage in frivolous legal actions, which can clutter court calendars and drain judicial resources. The affidavit must disclose past litigation history to ensure that plaintiffs who have engaged in abusive legal practices cannot easily file new claims without scrutiny.

Contention

Notably, the introduction of this bill may be contentious as it directly addresses the issue of vexatious litigants, a category that can be viewed subjectively. Opponents may argue that the requirement for an affidavit could disproportionately affect individuals who have legitimate grievances but may have previously faced dismissals in court. Furthermore, there may be concerns over how the local administrative judges interpret the 'merit' of cases, potentially leading to inconsistencies in how the law is applied across different jurisdictions. This aspect of the bill could open the doors for debate on judicial discretion and the balance between minimizing frivolous lawsuits and protecting the rights of individuals to seek legal recourse.

Overall_scope

In summary, SB516 represents a legislative effort to both streamline the litigation process and curb abusive practices in the Texas legal system. The law's framework addresses identified issues within the current system but also prompts discussions on the implications for access to justice. As it stands, the bill has the potential to reshape how plaintiffs approach litigation in Texas.

Companion Bills

No companion bills found.

Previously Filed As

TX HB2310

Relating to certain construction defect litigation.

TX HB955

Relating to affidavits concerning cost and necessity of services in civil actions.

TX HB4886

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX SB1179

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX HB266

Relating to the required filing and use of an affidavit containing the contact information of certain persons in a guardianship proceeding.

TX HB4635

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

TX HB2874

Relating to the assessment of litigation costs and attorney fees in certain lawsuits under the public information law.

TX SB2286

Relating to the assessment of litigation costs and attorney fees in certain lawsuits under the public information law.

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX HB2412

Relating to civil actions by a civilly committed individual.

Similar Bills

CA AB2185

Civil actions: appointment of guardian ad litem.

CA SB1386

Evidence: sexual assault.

CA SB393

Civil actions: housing development projects.

MI SB0997

Civil procedure: remedies; wrongful imprisonment compensation act; modify evidence requirements. Amends secs. 2, 4, 5 & 7 of 2016 PA 343 (MCL 691.1752 et seq.).

MI HB5431

Civil procedure: remedies; wrongful imprisonment compensation act; modify evidence requirements. Amends secs. 2, 4, 5 & 7 of 2016 PA 343 (MCL 691.1752 et seq.).

CA AB800

Civil actions: confidentiality.

CA AB2867

Recovery of artwork and personal property lost due to persecution.

CA SB798

Unsolicited lewd images.