HB 2966 proposes a minor but meaningful clarification to the Texas Citizens Participation Act (TCPA), which provides for the early dismissal of meritless lawsuits filed to chill the exercise of constitutionally protected rights, such as free speech and the right to petition. The bill amends the statute to ensure that a court’s mandatory award of attorney’s fees to the prevailing party is not limited by the phrase “incurred in” defending the action, but instead broadly covers “reasonable attorney’s fees” for defending the action. This change addresses concerns raised by legal advocates about situations in which parties seek legal counsel through pro bono services or flat-fee arrangements and are denied fee recovery due to the narrow statutory language.
Importantly, HB 2966 does not grow the size or scope of government. It does not establish new agencies, programs, or enforcement mechanisms. The bill operates strictly within the framework of existing court procedures and merely clarifies the scope of a cost-shifting provision already in law. It maintains the judiciary’s current administrative structure and does not increase judicial discretion or regulatory oversight. Furthermore, the Legislative Budget Board has determined that the bill has no significant fiscal implications for the state or local governments, and any minimal administrative costs can be absorbed using existing resources.
HB 2966 also does not impose new obligations, restrictions, or compliance burdens on individuals or businesses. Rather, it reinforces protections for defendants, often individuals or small organizations, who are subjected to frivolous lawsuits and rely on alternative fee arrangements to defend their rights. By ensuring that courts can award reasonable attorney’s fees regardless of how legal representation is structured, the bill removes a potential barrier to access to justice while preserving the law’s deterrent effect against abusive litigation.
In sum, HB 2966 is fiscally neutral, regulatory-light, and constitutionally protective. It enhances the equitable function of the TCPA without expanding governmental power or burdening taxpayers. Therefore, Texas Policy Research recommends that lawmakers vote YES on HB 2966.
- Individual Liberty: The bill enhances individual liberty by strengthening protections for Texans exercising their constitutional rights to free speech, free press, and petition. The Texas Citizens Participation Act (TCPA) exists to prevent powerful interests from using strategic lawsuits against public participation (SLAPPs) to silence critics. This bill reinforces those protections by ensuring that parties who successfully defend against SLAPPs are entitled to recover attorney’s fees regardless of whether they paid for their legal representation out-of-pocket (e.g., pro bono or flat-fee arrangements). This reduces the chilling effect that costly litigation can have on political expression and civic engagement.
- Personal Responsibility: The bill promotes personal responsibility by maintaining the court’s authority to impose sanctions against those who bring meritless, retaliatory lawsuits designed to intimidate or burden others for exercising constitutional rights. It reinforces the idea that litigants must be held accountable for abusing the judicial system for anti-democratic purposes. This ensures that individuals and entities are responsible for the legal consequences of engaging in SLAPP tactics.
- Free Enterprise: The bill indirectly supports free enterprise by deterring abusive litigation practices that can be used by larger businesses or powerful entities to suppress dissent from smaller competitors, whistleblowers, journalists, or the public. By making the fee-recovery mechanism more equitable, the bill reduces the risk and cost of defending constitutionally protected speech, especially for small businesses, nonprofits, or sole proprietors who might otherwise be financially overwhelmed by a SLAPP suit.
- Private Property Rights: While the bill does not directly address or alter laws governing private property rights, it may tangentially support them by protecting public discourse related to land use, zoning, environmental concerns, and other property-related matters. Individuals and organizations who speak out on such issues are often the targets of SLAPPs, and this bill helps preserve their right to participate in public processes without fear of retaliatory litigation.
- Limited Government: The bill adheres to the principle of limited government by not expanding state authority, regulation, or spending. It simply clarifies an existing statutory right and ensures consistent application of the TCPA’s attorney’s fee provisions. It does not create new government programs, regulations, or enforcement mechanisms. The Legislative Budget Board has confirmed that the bill will have no significant fiscal impact, meaning it neither grows the government nor increases taxpayer obligations.
