Relating to the award of costs and attorney's fees in an action involving the exercise of certain constitutional rights.
Impact
If enacted, HB2988 would alter the procedural landscape concerning how costs and attorneys' fees are approached in legal actions related to constitutional rights. The amendment to the law has the potential to discourage frivolous lawsuits by allowing prevailing parties in such cases to recover attorney's fees, thus incentivizing parties to pursue cases they believe are valid and just. However, there may also be concerns regarding accessibility to the legal system, as the potential costs associated with litigation could deter individuals from pursuing claims if they fear prohibitive legal fees, despite the availability of such awards.
Summary
House Bill 2988 seeks to amend the Civil Practice and Remedies Code to establish provisions regarding the award of costs and attorney's fees in legal actions involving certain constitutional rights. The bill introduces Section 27.0091, which allows courts the discretion to award reasonable and necessary attorney's fees and costs that are deemed equitable and just in cases that fall under the purview of this chapter. This change aims to clarify the circumstances under which such fees can be awarded, potentially impacting how legal cases involving constitutional issues are handled in Texas courts.
Contention
Opponents of HB2988 could argue that the legislation may disproportionately affect individuals and small entities who might lack the financial resources to enter into costly legal battles, even with the potential for fee recovery. Critics may contend that the bill has the unintended effect of creating barriers to justice, particularly for less affluent individuals seeking to uphold their constitutional rights. Moreover, there might be discussions on whether this bill unduly favors certain groups or interests by providing a legal advantage to those more capable of bearing legal costs.
Texas Constitutional Statutes Affected
Civil Practice And Remedies Code
Chapter 27. Actions Involving The Exercise Of Certain Constitutional Rights
Relating to exemption of certain civil actions from being subject to a motion to dismiss on the basis of involving the exercise of certain constitutional rights.
Relating to exemption of certain civil actions from being subject to a motion to dismiss on the basis of involving the exercise of certain constitutional rights.
Relating to the stay of proceedings pending an interlocutory appeal of a denial of a motion to dismiss in an action involving the exercise of certain constitutional rights.
Relating to the automatic stay of proceedings pending an interlocutory appeal of a denial of a motion to dismiss in an action involving the exercise of certain constitutional rights.
Relating to venue and choice of law for certain actions involving censorship by social media platforms and to statutory damages in actions brought by social media users against social media platforms for prohibited censorship.