Texas House Bill HB427

Texas 2017 - 85th Regular

• Filed: 11/21/16

Caption

Relating to the award of attorney's fees incurred in a suit involving unlawful campaign contributions or campaign expenditures.

Impact

The amendments made by HB 427 are significant for campaign finance law in Texas as they establish a clearer pathway for plaintiffs to recover legal costs when they pursue cases against unlawful campaign activities. By permitting the awarding of attorney's fees, the bill may empower more individuals and organizations to challenge unlawful practices, potentially increasing scrutiny over campaign financing. This change could enhance the legal framework protecting the integrity of elections by providing a financial incentive for plaintiffs to seek justice in the face of campaign violations.

Summary

House Bill 427 relates to the awarding of attorney's fees incurred in legal actions concerning unlawful campaign contributions or expenditures. This bill amends Section 253.131 of the Election Code, elaborating on the definition of 'damages' within this context. Under the bill, damages include not just the monetary value of the unlawful contributions but also reasonable attorney's fees incurred during the litigation process. Importantly, it outlines conditions under which plaintiffs may receive attorney's fees, specifically requiring a judgment in the plaintiff's favor and evidence that proper notice of the violation was given to the defendant prior to filing suit.

Contention

There are potential points of contention associated with HB 427. Critics may argue that opening the door for attorney's fees could lead to an influx of lawsuits based on perceived violations, which might overwhelm the legal system and could be used as a tool for political harassment against opponents. Furthermore, the stipulation requiring notice to be given to defendants prior to legal action introduces a procedural hurdle that some may find cumbersome or overly lenient, thus complicating the enforcement of campaign finance laws. The balance between encouraging legitimate challenges and preventing frivolous litigation will be a pivotal discussion in the legislative hearings and deliberations.