BILL ANALYSIS

H.B. 942

By: Dukes

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, a Texas school district may be required to post a cost or appeal bond in a civil suit. A cost bond may be assessed at the beginning of a court proceeding and is intended to secure payment of court fees if a party is later unable to pay such fees. Similarly, an appeal bond may be ordered to secure payment in the event of filing to appeal from judgment.  Many political subdivisions, including state and federal agencies, municipalities, and water districts, are exempt from this requirement. A governmental entity does not pose the same danger of payment delinquency as a private entity or a person in another civil proceeding. H.B. 942 authorizes a school district to institute and prosecute suits without paying these bonds.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 942 amends the Civil Practice and Remedies Code to authorize a school district to institute and prosecute suits without giving security for cost and to appeal from judgment without giving supersedeas or cost bond.

EFFECTIVE DATE

September 1, 2011.