Texas Senate Bill SB1981

Texas 2019 - 86th Regular

Caption

Relating to actions involving the exercise of certain constitutional rights.

Impact

The implementation of SB1981 is designed to strengthen individual freedoms by making it more challenging for claims to proceed in cases where they infringe upon constitutional protections. By allowing courts to dismiss such legal actions, the bill could lead to a decrease in retaliatory lawsuits against individuals exercising their rights in public contexts. This change is particularly relevant for activists, journalists, and ordinary citizens who may face legal challenges for speaking out or organizing in public spaces.

Summary

SB1981 aims to reinforce the protections surrounding the exercise of certain constitutional rights, including the right to petition, free speech, and association. It introduces amendments to the Civil Practice and Remedies Code that facilitate the dismissal of legal actions that are deemed to undermine these constitutional rights. If a party demonstrates that a lawsuit relates to their exercise of these rights, they may file a motion to dismiss the case, shifting the burden of proof to the opposing party, who must show otherwise.

Contention

Notable points of contention arise from concerns regarding the broad implications of this bill. Critics argue that it may encourage frivolous lawsuits by emboldening parties to file complaints under the guise of exercising their rights, potentially leading to unintended consequences in the judicial system. There are apprehensions that the amendments might discourage legitimate claims related to harassment or misconduct if the bill inadvertently shields wrongdoers by exploiting the constitutional protections it is meant to safeguard.