Texas House Bill HB790

Texas 2019 - 86th Regular

Caption

Relating to recovery of attorney's fees in certain civil cases.

Impact

The bill is expected to have a significant impact on the legal landscape in Texas by enabling more plaintiffs to recover attorney's fees in civil suits. By broadening the scope of actions eligible for fee recovery, it could encourage individuals and businesses to pursue valid claims without the fear of incurring prohibitive legal costs. As a result, the bill may facilitate increased litigation, particularly in service-related disputes and contractual issues, thus altering the dynamics of how cases are approached and resolved within the Texas court system.

Summary

House Bill 790 addresses the recovery of attorney's fees in specific civil cases, amending the Civil Practice and Remedies Code, particularly Section 38.001. Under this new provision, individuals or organizations may recover reasonable attorney's fees from a wide range of entities, including the state, for valid claims related to services rendered, labor performed, materials furnished, and other defined categories such as freight overcharges and contractual agreements. This change aims to clarify and expand the grounds under which a party can seek legal fees in civil litigation, thereby potentially increasing access to justice for plaintiffs in these circumstances.

Sentiment

The sentiment surrounding HB 790 appears largely supportive, as the measure is seen as a benefit for parties who may otherwise hesitate to pursue legal action due to the costs associated with attorney representation. Many advocates argue that enabling the recovery of attorney's fees could level the playing field, particularly for individuals and small businesses facing larger organizations or state entities. However, there may be concerns about the potential for increased litigation and the implications of these changes on the overall workload of the courts and administrative costs involved.

Contention

While the bill has garnered mostly favorable reception, it does raise some notable points of contention, particularly regarding how the broadened criteria for fee recovery might affect litigation patterns. Critics may worry that allowing broader recovery of attorney's fees could lead to an increase in frivolous lawsuits or claims that overwhelm the legal system. Additionally, there may be discussions about the balance between providing access to legal recourse and preventing abuse of the legal system, ensuring that it does not incentivize baseless litigation.