Texas House Bill HB2294

Texas 2011 - 82nd Regular

• Out of House Committee: 4/1/11
• Introduced: 3/4/11
• Refer: 3/10/11

Caption

Relating to declaratory judgments.

Impact

HB 2294, by formally asserting that sovereign immunity is not waived, may have implications for how declaratory judgments are approached within Texas courts. The amendment to Chapter 37 of the Civil Practice and Remedies Code could impact the legal strategies available to individuals and entities seeking these forms of relief, particularly when dealing with state entities. This may restrict the ability of citizens to challenge state actions that they believe to be inappropriate or unlawful without facing the protective barrier of sovereign immunity.

Summary

House Bill 2294 seeks to amend the Civil Practice and Remedies Code specifically regarding declaratory judgments. The primary objective of this bill is to reinforce that the chapter does not waive the doctrine of sovereign immunity. In essence, it clarifies that entities protected by sovereign immunity cannot be subjected to certain legal actions typically allowed under the framework of declaratory judgments.

Contention

The explication of sovereign immunity in conjunction with declaratory judgments could provoke discussions within legal circles regarding the balance between state protections and individual rights to seek redress. Stakeholders, particularly in public interest law, may view this bill as potentially limiting judicial remedies available against the state, thus complicating the relationship between state governance and citizen oversight. Overall, the lack of explicit waivers for sovereign immunity within the context of declaratory judgments could lead to heightened scrutiny of state actions while simultaneously consolidating protections for state entities.