Texas House Bill HB291

Texas 2009 - 81st Regular

• Filed: 11/19/08

Caption

Relating to discovery procedures for a claim against a governmental entity under the Texas Tort Claims Act.

Impact

If enacted, HB 291 would impact how claims against governmental entities are processed under Texas law. Specifically, it would amend existing provisions within the Civil Practice and Remedies Code, thereby refining the procedural landscape in which claimants must navigate when pursuing legal action against government bodies. This change is likely to affect the efficiency and effectiveness of claims by ensuring that claimants can gather relevant information that supports their cases, particularly in scenarios when jurisdiction is in question.

Summary

House Bill 291 aims to modify the discovery procedures for claims filed against governmental entities under the Texas Tort Claims Act. The primary intent of the bill is to allow claimants to obtain reasonable discovery if the defendant governmental entity asserts a plea to the jurisdiction. This adjustment seeks to ensure that claimants have the ability to investigate circumstances that might confer jurisdiction on the courts when facing governmental claims, enhancing transparency and accountability in government liability cases.

Contention

The legislative discourse around HB 291 may involve points of contention regarding the balance of interests between governmental immunity and claimant rights. Proponents of the bill may argue that allowing reasonable discovery under specific conditions fosters accountability amongst governmental entities and aligns with principles of justice in enabling claimants to pursue legitimate grievances. Conversely, opponents might raise concerns that the bill could lead to an increase in frivolous claims or overwhelm court systems if jurisdictions are heavily contested, thus emphasizing the need for fairness in government operations.