Relating to the legislature's consent or approval of a settlement of a claim or action against this state.
Impact
This bill effectively strengthens the legislative branch's control over substantial financial obligations and reduces the capacity of the Attorney General to settle high-stakes lawsuits unilaterally. By requiring legislative consent for settlements exceeding the specified financial threshold, SB899 aims to maintain oversight and accountability in the expenditure of state funds. This could lead to a more formalized process for large settlements, ensuring that public representatives are involved in decision-making.
Summary
Senate Bill 899 proposes an amendment to the Texas Civil Practice and Remedies Code, particularly regarding the settlement of claims against the state. Under the new provisions, the Attorney General or any attorney representing the state is prohibited from entering into a settlement that requires payments exceeding $10,000,000 in total monetary damages during a state fiscal biennium without prior consent or approval from the legislature. Additionally, any settlement committing the state to future expenditures must also receive legislative approval.
Contention
Points of contention surrounding SB899 may revolve around the balance of power between the executive and legislative branches. Proponents of the bill argue that greater legislative oversight is necessary to safeguard taxpayer funds and ensure transparency in significant settlements. However, opponents might contend that the bill could hinder effective legal representation and the ability of the state to settle claims quickly, potentially leading to prolonged litigation and increased legal costs.
Relating to directing payment, after approval, of certain miscellaneous claims and judgments against the state out of funds designated by this Act; making appropriations.
Relating to directing payment, after approval, of certain miscellaneous claims and judgments against the state out of funds designated by this Act; making appropriations.
Relating to disclosure under the public information law of settlement communications maintained by or on behalf of the attorney general as part of a deceptive trade practices investigation or action.