According to the Legislative Budget Board (LBB), HB 170 is not expected to have a significant fiscal impact on the State of Texas. The analysis concludes that any potential costs associated with implementing the bill could be absorbed within existing agency resources and budgets, suggesting no need for new appropriations or additional funding allocations.

Similarly, the fiscal note anticipates no significant fiscal implications for local governments. This implies that counties and municipalities are not expected to bear new financial burdens as a result of the bill’s provisions, including the presumption of civil immunity or the entitlement to recover attorney’s fees and related costs in justified use-of-force cases.

This neutral fiscal impact is likely due to the bill’s limited procedural scope, affecting how courts handle certain civil cases rather than creating new regulatory frameworks or enforcement bodies. Additionally, the number of civil lawsuits potentially deterred by the bill may offset administrative burdens on the judiciary, creating a negligible or even positive efficiency effect. Overall, the bill appears fiscally sustainable under current government operations.

Texas Policy Research recommends that lawmakers vote YES on HB 170. The bill supports core principles of individual liberty, legal clarity, and due process by ensuring that individuals who are justified in using or threatening to use force under Texas Penal Code Chapter 9 are protected from civil liability when those actions are found to be legally justified in criminal proceedings.

The Committee Substitute version strengthens the bill by introducing a presumption of civil immunity in cases where a grand jury declines to indict, or where charges are dismissed or lead to acquittal. This addresses a key gap in current Texas law, where individuals cleared in criminal court may still face costly and burdensome civil lawsuits. The bill also entitles prevailing defendants to recover reasonable attorney’s fees, court costs, lost income, and other related expenses, discouraging frivolous or retaliatory litigation and offering important protections for law-abiding citizens who act in self-defense.

From a fiscal standpoint, the Legislative Budget Board found no significant fiscal impact to either state or local governments, meaning the bill provides substantive legal reforms without imposing new costs on taxpayers or requiring new funding or bureaucracy. Moreover, the bill does not create new criminal offenses, alter penalties, or expand rulemaking authority, making it a narrowly tailored measure that upholds existing legal standards while reinforcing protections for those who have complied with them.

In sum, HB 170 promotes fairness in the legal system, strengthens civil protections for justified self-defense, and does so in a fiscally responsible and constitutionally consistent manner.

• Individual Liberty: The bill fortifies the fundamental right of Texans to protect themselves, others, and their property without fear of retaliatory civil lawsuits when the use, or threat, of force is legally justified. Under current law, even if an individual is found not guilty in a criminal court or never indicted, they can still be dragged into costly and stressful civil litigation. By establishing a presumption of civil immunity in cases where a grand jury declines to indict or where charges are dismissed or result in acquittal, this bill protects individuals from being financially punished for acting within their legal rights. This defense of self-defense rights upholds the natural right to life and bodily autonomy, key tenets of individual liberty.
• Personal Responsibility: The bill does not alter the underlying standards for justified use of force found in Chapter 9 of the Texas Penal Code. Individuals remain responsible for acting within the bounds of the law. What it does is ensure that once they have done so and been cleared in the criminal system, they are not unfairly burdened with additional legal challenges. Thus, the principle of personal responsibility is preserved, while ensuring that unjustified force remains subject to legal scrutiny.
• Free Enterprise: By reducing the threat of civil litigation for security personnel, business owners, and licensed professionals who may justifiably use or threaten force in the course of their duties, the bill provides legal clarity and liability protection that supports entrepreneurship and workplace safety. While not its primary aim, the bill promotes a legal environment conducive to economic confidence and occupational security.
• Private Property Rights: Because many justified uses of force in Texas occur in the defense of home, business, or land (such as under the Castle Doctrine or Stand Your Ground laws), the bill strengthens the right of individuals to protect their property without fear of civil consequences. This reaffirms the principle that property ownership includes the right to exclude and defend against unlawful intrusion.
• Limited Government: The bill limits government overreach by reducing the ability of the civil justice system to impose penalties on individuals who have already been cleared under criminal law. This serves to reinforce due process, ensuring that individuals are not subjected to repeated legal proceedings for actions deemed lawful. It also reduces unnecessary burdens on the courts by discouraging duplicative or meritless civil lawsuits. By clarifying legal standards and creating predictable presumptions of immunity, the bill improves the efficiency of the legal system and limits the scope of state interference in private conduct that has already been adjudicated.

• SB 1730 (Similar To)