Texas House Bill HB1716

Texas 2021 - 87th Regular

Caption

Relating to the personal liability of the attorney general for certain frivolous lawsuits.

Impact

This legislation is expected to impact the operations of the Attorney General's office significantly. By making the attorney general financially liable for pursuing frivolous lawsuits, it introduces a level of risk to their decision-making processes. The intent is to deter the filing of lawsuits that lack substantial grounds, thus potentially reducing the number of unproductive legal proceedings initiated by the Attorney General on behalf of the state. Furthermore, it may influence the tone and approach the office takes when assessing and filing lawsuits, encouraging more rigorous evaluations of the legality and viability of claims.

Summary

House Bill 1716 addresses the personal liability of the Texas Attorney General in the context of frivolous lawsuits. The bill specifically defines a 'frivolous civil action' as one that, when prosecuted by the attorney general, is determined by a court to have no factual basis or lacks merit under existing law. The bill aims to hold the attorney general accountable for the costs associated with such frivolous actions, emphasizing personal financial responsibility over the state's finances in instances where the actions were deemed to waste state resources.

Contention

Potential points of contention include concerns about the implications of personal liability for the attorney general, including how it may conflict with the role's responsibilities and duties. Opponents of the bill may argue that personal risk could deter the attorney general from pursuing necessary legal actions that may be legally contentious but important for public interest. Moreover, the restriction against asserting official immunity as a defense adds another layer of complexity, raising questions about how legal risks could influence the Attorney General's advocacy for the state in challenging matters. This decision could prompt debates about accountability versus effective governance in the legal landscape.