Texas House Bill HB2516

Texas 2017 - 85th Regular

Caption

Relating to recovery of damages, attorney's fees, and costs related to frivolous regulatory actions by state agencies.

Impact

The enactment of HB2516 is expected to enhance the rights of citizens against government actions that lack merit, thereby fostering a more transparent and responsible regulatory environment. By enabling individuals to recover attorney's fees and damages, the bill may discourage state agencies from engaging in frivolous regulatory practices. This shift in the legal landscape could serve as a deterrent against unjust agency actions, leading to more careful consideration of regulatory decisions by state officials.

Summary

House Bill 2516 introduces a framework for addressing frivolous regulatory actions taken by state agencies in Texas. It amends the Civil Practice and Remedies Code to permit individuals to recover damages, as well as attorney's fees and costs, when they successfully challenge a regulatory action deemed frivolous or unreasonable. The bill provides a cause of action against state agencies, allowing claimants to seek compensation not only for legal expenses but also for damages incurred as a result of such regulatory actions. Notably, this aims to hold state agencies accountable for decisions made without sufficient foundation.

Contention

While supporters argue that the bill is a necessary measure to protect citizens from governmental overreach, critics may see it as potentially burdening state agencies with more challenges and litigation. There may be concerns regarding the interpretation of what constitutes a 'frivolous' regulatory action, which could lead to increased legal disputes and contention over regulatory compliance. The balance between protecting citizens and ensuring that state agencies can effectively carry out their regulatory functions will likely be a focal point of discussion as the bill progresses through the legislative process.