Bill Caption

Relating to civil actions by a civilly committed individual.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 3360 would create new rules governing civil actions filed by a civilly committed sex offender. If such an offender files an affidavit of inability to pay court costs along with their suit, they would have to file a separate affidavit detailing any previous suits. A court would be able to dismiss an action by a civilly committed sex offender if they find that the offender’s affidavit of inability to pay is false or their claim is malicious. If they dismiss a claim and believe it to be appropriate, the court would be able to encourage the Texas Civil Commitment Office to conduct a mental health evaluation.

HB 3360 would require these offenders to exhaust the Civil Commitment Office’s grievance system before filing an action and file their action within 31 days of their grievance system decision. A court would be permitted to order the offender to pay all court costs and attorney’s fees.

Vote Recommendation Notes

Texas Action supports HB 3360 which would help prevent frivolous lawsuits by civilly committed sex offenders from clogging up court dockets. The bill would do so in a way that does not infringe on the rights of individuals to have access to the legal system or file legitimate suits.