89th Legislature Regular Session

SB 1730

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 1730 proposes amendments to Chapter 83 of the Texas Civil Practice and Remedies Code to strengthen legal protections for individuals who use force or deadly force in certain situations. Specifically, it creates two new statutory provisions—Sections 83.002 and 83.003—that limit a claimant’s ability to recover civil damages for personal injury or death when the force used by the defendant has already been cleared through specified criminal proceedings.

Under Section 83.002, a person who uses force or deadly force is shielded from civil liability if one of three outcomes occurs in a related criminal case: (1) a grand jury issues a “no bill,” meaning it declines to indict; (2) a court dismisses the charges; or (3) the defendant is acquitted of the criminal charges. In essence, if the state’s criminal process determines that the use of force does not warrant punishment or conviction, civil claims stemming from the same incident are precluded.

Section 83.003 further empowers defendants by allowing them to recover court costs and reasonable attorney’s fees from a claimant whose case is barred under Section 83.002. This provision is intended to deter frivolous or duplicative lawsuits against individuals already exonerated in criminal court. The bill’s provisions apply prospectively only to causes of action accruing on or after the bill’s effective date.

SB 1730 aims to balance the civil and criminal justice systems by ensuring that individuals are not subjected to civil liability for conduct that has already been deemed lawful or justified in the criminal courts. It underscores the principle that legal exoneration in one domain should carry weight in another, particularly where constitutional rights to self-defense are involved.
Author
Bob Hall
Co-Author
Brian Birdwell
Brent Hagenbuch
Angela Paxton
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1730 is not expected to have a significant fiscal impact on the state. The bill's provisions—primarily shielding defendants from civil liability in certain self-defense cases and allowing for recovery of attorney's fees and court costs—are considered to fall within the operational scope of the current civil and judicial infrastructure. Therefore, any additional responsibilities or procedural adjustments required by the courts can be absorbed using existing resources without necessitating new appropriations or staffing increases.

The bill also has minimal fiscal implications for local governments. Since SB 1730 pertains to civil litigation processes that occur after certain criminal proceedings have concluded, it does not create new enforcement mandates or require new local programs. As a result, counties and municipalities are not expected to incur additional expenses in adjudicating or responding to civil cases affected by the bill’s provisions.

In summary, SB 1730 is designed to influence civil liability rules rather than impose administrative or operational burdens on state or local agencies. The financial effects, if any, are marginal and manageable within the current budgets and capacities of the Texas judicial system.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on SB 1730 based on its clear alignment with core liberty principles—particularly individual liberty, limited government, and personal responsibility. The bill addresses a critical legal gap by shielding individuals who have been cleared through criminal proceedings (either by a no-bill from a grand jury, dismissal of charges, or acquittal) from facing subsequent civil lawsuits for the same actions involving force or deadly force. As the author’s bill analysis highlights, current law allows civil litigation to proceed even when criminal courts have exonerated a defendant, imposing emotional and financial burdens on individuals who have lawfully defended themselves.

The legislation promotes fairness in the legal system by aligning civil and criminal liability in these narrowly defined scenarios. It also enhances procedural justice by holding plaintiffs accountable for filing lawsuits that are, by statute, barred—specifically requiring them to pay the defendant’s court costs and attorney’s fees. This not only discourages meritless claims but also protects individuals from prolonged legal harassment, thus reinforcing the protective intent of criminal adjudication outcomes.

From a fiscal and operational standpoint, the Legislative Budget Board has determined that the bill will have no significant fiscal impact on state or local governments, and any administrative adjustments can be absorbed with existing resources. This makes SB 1730 a low-cost, high-impact reform to civil procedure that supports due process, reduces legal abuse, and upholds the rule of law in self-defense contexts. Consequently, the bill represents a principled and prudent enhancement to Texas civil law and should be supported.

  • Individual Liberty: The bill enhances individual liberty by affirming the right to self-defense without fear of being punished twice, once through the criminal system, and again through potentially frivolous civil lawsuits. By precluding civil liability in cases where the defendant has already been cleared by the criminal justice system (via no-bill, dismissal, or acquittal), the bill prevents a “double jeopardy” effect in practice. This bolsters due process protections and safeguards citizens from extended legal exposure after lawful acts of defense, which is a fundamental component of liberty.
  • Personal Responsibility: The bill shifts some responsibility to claimants who pursue litigation even after the state has determined the act of force was not criminal. By requiring them to pay court costs and attorney’s fees if their claims are barred under this law, the bill incentivizes careful legal action and discourages abuse of the civil system. This principle-based outcome encourages responsible use of the courts and respects the legal determinations already made in criminal proceedings.
  • Free Enterprise: The bill may have positive indirect effects on free enterprise, particularly for small business owners, security personnel, or property owners who use force lawfully in defense of property or customers. Reducing the threat of costly civil suits allows individuals and businesses to operate without the fear of unwarranted litigation following justified defensive actions. This provides greater predictability and protection in the exercise of lawful authority and self-defense in professional settings.
  • Private Property Rights: The bill supports the right of Texans to defend their property without enduring prolonged legal vulnerability. When a homeowner or business owner lawfully uses force to protect their premises and is cleared by the criminal justice system, the bill ensures they are not second-guessed through civil court. This strengthens the principle that lawful defense of property should not lead to civil penalties when the state has already ruled the act justifiable.
  • Limited Government: The bill limits government overreach by curtailing the use of the civil justice system to relitigate matters already resolved in the criminal arena. It preserves judicial efficiency, respects the authority of grand juries and trial courts, and reduces unnecessary burdens on the judiciary. This restraint is consistent with a constitutional vision of government that avoids duplicative or excessive intrusion into the lives of citizens.
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