Texas House Bill HB720

Texas 2011 - 82nd Regular

• Out of House Committee: 3/15/11
• Introduced: 1/19/11
• Voted on by House: 5/15/11
• Refer: 2/21/11
• Report Pass: 3/7/11
• Engrossed: 5/15/11
• Refer: 5/16/11

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.