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Bill

HB 2988

Relating to the award of costs and attorney's fees in an action involving the exercise of certain constitutional rights.

89th Legislature (2025) Introduced by Mano DeAyala

Texas bill allowing prevailing parties in constitutional rights cases to recover attorney's fees and costs from losing opponents, shifting litigation financial risk.

Left pending in committee
#attorney'sfees(s0202) #civilremedies&liabilities(i0065)
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Bill Summary · HB 2988

Legislative bill overview

HB 2988 would allow prevailing parties in lawsuits involving the exercise of certain constitutional rights to recover costs and attorney's fees from the losing party. The bill expands the circumstances under which litigants can seek financial compensation for legal expenses when they successfully defend or assert constitutional claims, a practice known as "fee-shifting."

Why is this important

This change affects access to justice by potentially making it easier and more affordable for individuals to defend constitutional rights in court, since they could recover legal costs if they win. Conversely, it could discourage lawsuits by making the financial risk of litigation higher for defendants and potential plaintiffs who might lose, potentially chilling both meritorious and frivolous claims.

Potential points of contention

  • Scope ambiguity: The bill's reference to "certain constitutional rights" lacks specificity—it's unclear which rights qualify, creating potential for inconsistent application and litigation over the bill's meaning
  • Fee-shifting burden: Requiring losing defendants to pay opponents' attorney's fees could dramatically increase litigation costs and discourage some legitimate defenses, or conversely, enable nuisance lawsuits if the constitutional standard is too broad
  • Unequal bargaining power: Individuals with fewer resources may still hesitate to sue despite fee-recovery provisions, while well-funded entities might weaponize constitutional claims against smaller parties

Compiled from official sources — confirm details with the bill’s official record.

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