Texas 2011 - 82nd Regular

Texas House Bill HB720

Filed
 
Out of House Committee
3/15/11  
Introduced
1/19/11  
Voted on by House
5/15/11  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the designation of a person as a vexatious litigant.

Impact

The proposed changes under HB 720 are expected to significantly alter the landscape of civil litigation in Texas. By permitting courts to designate an individual as a vexatious litigant, the bill effectively introduces pre-filing requirements that could deter abusive legal practices. It stipulates that any litigant identified under a pre-filing order must seek permission from the local administrative judge before filing further litigation, which could therefore prevent bottlenecks in the court system caused by excessive or redundant legal claims. This ensures that the courts are available for legitimate claims while preserving resources for the judiciary.

Summary

House Bill 720 aims to amend the Civil Practice and Remedies Code in Texas, particularly concerning the designation of a person as a vexatious litigant. This bill introduces rules that allow for the restriction of legal actions taken by individuals who have been previously identified as vexatious litigants. The goal of the legislation is to reduce frivolous lawsuits and streamline court proceedings by preventing repeated and harassing litigation actions from the same individual. This bill would align procedures related to vexatious litigants with the state's interest in maintaining a fair and efficient judicial system.

Contention

Notably, the bill has sparked discussions around the balance between curtailing abuse of the judicial system and maintaining access to the courts for all individuals. Critics may argue that such restrictions could infringe upon the legal rights of individuals who genuinely seek to address grievances in court but may find themselves unjustly categorized as vexatious litigants. The potential for misuse of this designation raises concerns about fairness and access to justice, particularly for individuals who may lack sufficient legal knowledge or representation to navigate these new hurdles.

Companion Bills

TX SB1029

Similar Relating to the designation of a person as a vexatious litigant.

Previously Filed As

TX SB648

Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.

TX HB19

Relating to the creation of a specialty trial court to hear certain cases; authorizing fees.

TX SB27

Relating to the creation of a specialty trial court to hear certain cases; authorizing fees.

TX SB1045

Relating to the creation of the Fifteenth Court of Appeals with jurisdiction over certain civil cases, the compensation of the justices of that court, and the jurisdiction of the courts of appeals in this state.

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 HB2310

Relating to certain construction defect litigation.

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 HB1512

Relating to the removal, relocation, alteration, or construction of certain monuments, memorials, or designations located on public property; authorizing a civil penalty.

TX HB3474

Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.

TX HB3166

Relating to the creation of the Fifteenth Court of Appeals with jurisdiction over certain civil cases, the compensation of the justices of that court, and the jurisdiction of the courts of appeals in this state; authorizing fees.

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