Texas House Bill HB2757

Texas 2019 - 86th Regular

Caption

Relating to the rule of decision in a court of this state.

Impact

The implications of HB2757 are expected to centralize the rule of decision within the Texas judicial system, thus reducing reliance on external legal frameworks that could influence court rulings. By establishing a clear hierarchy in which Texas laws and the Constitution take precedence, the bill aims to foster a more localized interpretation of law. This may alter how precedents are set and how cases are adjudicated, particularly affecting cases that previously drew upon the Restatements for guidance.

Summary

House Bill 2757 focuses on the rule of decision within Texas courts, specifically amending Section 5.001 of the Civil Practice and Remedies Code. The bill clarifies that the common law of England will serve as the rule of decision, contingent upon its consistency with both the Texas Constitution and its laws. Additionally, it explicitly states that the American Law Institute’s Restatements of the Law will not be considered as controlling in actions governed by Texas law regarding rights and obligations. This shift is significant as it delineates the sources of law that Texas courts must adhere to in their decision-making processes.

Sentiment

The general sentiment surrounding the bill appears to be positive among supporters who advocate for a stronger state-centric legal approach. They argue that it empowers Texas courts to rely on local laws rather than on potentially irrelevant or inconsistent external sources. Conversely, some may view the limitation on the use of the Restatements as potentially restrictive, limiting judges' ability to draw from well-established legal principles that have been refined over time across different jurisdictions.

Contention

Notable points of contention during discussions include concerns from legal experts about the implications of limiting judicial interpretation to solely Texas law. Critics might argue that this could lead to a narrower understanding of the law and might inhibit judges from looking at broader jurisprudential principles that have proven beneficial in other states. The discussion reflects a tension between maintaining independence from outside influences and preserving a robust and informed legal framework within the state's judiciary.