HBA-JEK H.B. 1315 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1315
By: Hopson
Corrections
3/9/2001
Introduced



BACKGROUND 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.  House Bill 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

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1315 amends the Civil Practice and Remedies Code to authorize a
court in determining whether an inmate's claim is frivolous or malicious to
consider that the substance of the claim has been filed in and dismissed by
a federal court. 

EFFECTIVE DATE

September 1, 2001.