House member proposes list of frivolous suits

Marilyn Tennissen Mar. 27, 2007, 12:00pm

State Rep. Richard Raymond

A South Texas lawmaker has introduced a bill that would require courts to report the number of frivolous lawsuits filed each year.

State Rep. Richard Raymond, D-Laredo, a businessman and member of the House Civil Practices Committee, filed House Bill 1828 on Feb. 27.

The bill would amend the state's Civil Practice and Remedies Code to include a requirement that clerks provide the Office of Court Administration of the Texas Judicial System with a copy of any signed pleading or motion that violates Chapter 10 of the code and that the Court Administration maintain a list of litigants signing frivolous pleadings or motions and send the list each year to the general counsel of the State Bar of Texas. The State Bar could then use the information to determine if the attorney is subject to disciplinary action, which can include paying penalties in court and costs incurred by the other party.

Frivilous lawsuits are those considered to be groundless and brought in bad faith, for the purpose of harassment or for any improper purpse, such as to cause unnecessary delays or needless increase in the cost of litigation.

HB1282 has been referred to the House Judiciary Committee. If passed, the bill would take effect Sept. 1, 2007.

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