House Committee Resources: Judiciary & Civil Jurisprudence

The committee has requested written submissions on the following topics. Below are resources related to those topics.

House Committee on Judiciary & Civil Jurisprudence

Charge 1: Monitor the agencies and programs under the Committee's jurisdiction and oversee the implementation of relevant legislation passed by the 86th Legislature. Conduct active oversight of all associated rulemaking and other governmental actions taken to ensure intended legislative outcome of all legislation, including the following:

• HB 2899, which specifies that highway construction contractors are not liable for design defects. Investigate whether expansion of those policies to other areas of public/private contracting is in the best interest of the state.
• HB 3809, which raises the statute of limitations for suit for injuries from a sexual assault of a child from 15 years to 30 years. Study and deliberate ways to enhance protections for victims of sexual abuse. Review other Texas laws relating to reporting and investigating incidents of workplace sexual harassment. Make recommendations to remove barriers to reporting and investigating incidents of sexual harassment and to make improvements to existing policies where necessary.
  • Sexual Assault Survivors' Task Force: Biennial Report to the Texas Legislature, Office of the Texas Governor, November 2020
  • 86th Texas Legislative Session Update: Sexual Assault Reform: Updates from the Texas Capitol, Texas Association Against Sexual Assault, October 2019
  • Interim Report to the 86th Texas Legislature (Charge 5 – Sexual Assault), House Committee on Criminal Jurisprudence, January 2019
• HB 4531, which authorizes adults under guardianship to consent to forensic medical examination protocols. Monitor the impact of the legislation on the prevention, investigation, and prosecution of sexual assault, and study the impact on other related offenses and the treatment and services provided to victims of those offenses.
  • "Texas Law Opens Doors for Sexual Assault Victims with Disabilities," The SAFE Alliance, March 17, 2020
  • 86th Texas Legislative Session Update: Sexual Assault Reform: Updates from the Texas Capitol, Texas Association Against Sexual Assault, October 2019
• SB 2342, which increases the amount in controversy for certain courts and expedited proceedings and makes reforms to jury requirements in order to improve access to courts. Review the impact of the legislation on the administration of justice and access to courts for Texas citizens.

Charge 2: Study opportunities to modernize and improve local and statewide data collection throughout the criminal justice system in Texas, including improving the collection and reporting of court records, to promote transparency and ensure uniform data collection processes. 

• "Measuring 'Access to Justice' in the Rush to Digitize," 88 Fordham Law Review 2381 (May 2020)
• Study on Record Retention, Availability and Access of Records Regarding Fine-Only Misdemeanors, As Directed by SB 47, 85th Legislature, Texas Office of Court Administration, January 2019
• Court Data: Open, With Care, Conference of State Court Administrators, 2019
• Fostering Innovation in the U.S. Court System: Identifying High-Priority Technology and Other Needs for Improving Court Operations and Outcomes, Priority Criminal Justice Needs Initiative, RAND Corporation, 2016
• Civil Legal System Modernization, Pew Charitable Trusts
• Statistics & Other Data, Texas Office of Court Administration

Charge 3: Study the Rule Against Perpetuities as used by trusts. Examine whether statutory changes are necessary and appropriate to make Texas more competitive and keep trust capital and estate planning businesses in Texas.

• "Of Piketty and Perpetuities: Dynastic Wealth in the Twenty-First Century (and Beyond)," 60 Boston College Law Review 145 (January 2019)
• Bill Analysis (H.B. 3744, 86th Legislature, R.S. (2019)), House Committee on Judiciary and Civil Jurisprudence
• "A Modern Guide to the Modifications of the Rule Against Perpetuities in New York," 32 Touro Law Review 947 (2016) 
• "Who Killed the Rule Against Perpetuities?," 40 Pepperdine Law Review 1291 (2013)
• Texas Property Code § 112.036, Rule Against Perpetuities

Charge 4: Monitor the State Auditor's review of agencies and programs under the committee's jurisdiction.