Texas House Bill HB1177

Texas 2021 - 87th Regular

Caption

Relating to a prohibition on the imposition of court costs and filing, reimbursement, or other fees on certain indigent defendants and plaintiffs.

Impact

If enacted, HB 1177 will significantly change how court costs are assessed, focusing on the financial capability of individuals engaged in legal proceedings. It will primarily benefit those whose income is at or below 200% of the federal poverty guidelines. The bill will reinforce the principle that justice should not be hindered by an individual's financial status, potentially increasing participation in the legal system from underrepresented groups who might otherwise refrain from pursuing legal action due to cost concerns.

Summary

House Bill 1177 aims to prohibit the imposition of court costs, filing fees, and other financial obligations on individuals identified as indigent in civil and criminal proceedings. By waiving these fees, the bill seeks to ensure that low-income defendants and plaintiffs can access the judicial system without the burden of financial obstacles. It establishes clear criteria for determining indigency based on income levels and eligibility for various government assistance programs. The overarching goal is to promote fairness and equal access to justice for vulnerable populations within the state of Texas.

Contention

While supporters of HB 1177 argue that it is a necessary measure to level the playing field in the courts and enhance access to justice, there may be arguments concerning the potential financial implications for the court system itself. Opponents could raise concerns that waiving fees may lead to increased burden on state resources, as courts could face challenges in funding without these revenue streams. The discussions around this bill will likely focus on balancing the needs of indigent individuals against the operational needs of the judiciary.