Texas House Bill HB2966

Texas 2025 - 89th Regular

• Filed: 2/18/25
• Out of House Committee: 5/6/25
• Voted on by House: 5/14/25

Caption

Relating to the award of attorney's fees in an action involving the exercise of certain constitutional rights.

Impact

The bill's primary impact is on civil litigation related to constitutional rights, effectively altering the economic landscape for legal actions. By mandating the award of attorney's fees in the event of dismissal, the bill seeks to deter parties from bringing unfounded lawsuits against citizens exercising these rights. This change is intended to bolster the protective measures for individuals and create a legal framework that discourages the misuse of the judicial process to undermine constitutional guarantees.

Summary

House Bill 2966 addresses the award of attorney's fees specifically in cases involving the exercise of certain constitutional rights. The statutory amendment stipulates that if a court dismisses a legal action under this chapter, it is required to award the moving party their court costs and reasonable attorney's fees. This provision aims to support those who may be wrongfully challenged based on the exercise of their constitutional rights, fostering an environment where individuals can assert their rights without fear of frivolous lawsuits.

Sentiment

General sentiment surrounding HB 2966 appears supportive, particularly among those advocating for the protection of constitutional rights. Proponents express enthusiasm about the bill's potential to ensure that individuals are not financially burdened by the legal expenses incurred while defending their rights. However, some voices of concern note that while the bill aims to deter spurious litigation, it could also encourage an influx of cases, thereby complicating judicial assessments regarding the legitimacy of claims.

Contention

Notable points of contention include discussions on how this bill may lead to an increase in litigation due to the fear of sanctions against parties who file actions perceived as frivolous. Opponents worry that the bill may inadvertently stifle legitimate claims, as potential plaintiffs might hesitate to bring forth cases if they fear financial repercussions from an unfavorable ruling. Various stakeholders will need to assess the balance between protecting constitutional rights and maintaining a manageable civil litigation environment.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 27. Actions Involving The Exercise Of Certain Constitutional Rights
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