SRC-BWC H.B. 1315 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1315
77R4599 DAK-DBy: Hopson (Staples)
Jurisprudence
5/10/2001
Engrossed


DIGEST AND PURPOSE 

Current law authorizes a state court, in determining whether to dismiss a
claim by an inmate for being frivolous or malicious, to consider whether a
claim arises from the same operative facts as a previous claim filed by the
inmate.  The law does not, however, specifically authorize a state court to
consider that the substance of a claim has been previously filed and
dismissed in federal court.  Inmates whose lawsuits are dismissed in
federal court sometimes file lawsuits in state court arising from the same
operative facts.  H.B. 1315 allows a court to consider that the substance
of a claim has been filed in and dismissed by a federal court when
determining whether an inmate's claim is frivolous or malicious.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 14.003(b), Civil Practice and Remedies Code, to
authorize the court, in determining whether a claim is frivolous or
malicious, to consider that the substance of the claim has been filed in
and dismissed by a federal court.  Makes a conforming change. 

SECTION 2.  Effective date: September 1, 2001.
            Makes application of this Act prospective.