LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 10, 2009 TO: Honorable Todd Hunter, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB291 by Dutton (Relating to discovery procedures for a claim against a governmental entity under the Texas Tort Claims Act.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Civil Practices and Remedies Code relating to discovery procedures for a claim against a governmental entity under the Texas Tort Claims Act. The bill would require the supreme court to adopt rules permitting a claimant to conduct discovery if the defendant (governmental agency) asserts a plea to the jurisdiction. The Office of Attorney General (OAG) indicates the bill would allow for discovery to be done prior to a ruling on a plea to the jurisdiction, and that currently, many courts do not require discovery before ruling on a plea to the jurisdiction. The OAG indicates that the bill would increase the agencys workload, but the cost of implementing bill provisions could be absorbed within the OAGs existing resources; accordingly, no significant fiscal implication to the State is anticipated. The bill would take effect September 1, 2009. Local Government Impact According to the OAG, the bill would impact local governmental entities by creating additional costs for defending lawsuits and answering discovery in matters in which said entities would be entitled to be dismissed from lawsuits under a plea to the jurisdiction. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General LBB Staff: JOB, MN, JP
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
April 10, 2009
TO: Honorable Todd Hunter, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB291 by Dutton (Relating to discovery procedures for a claim against a governmental entity under the Texas Tort Claims Act.), As Introduced
TO: Honorable Todd Hunter, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB291 by Dutton (Relating to discovery procedures for a claim against a governmental entity under the Texas Tort Claims Act.), As Introduced
Honorable Todd Hunter, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable Todd Hunter, Chair, House Committee on Judiciary & Civil Jurisprudence
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
HB291 by Dutton (Relating to discovery procedures for a claim against a governmental entity under the Texas Tort Claims Act.), As Introduced
HB291 by Dutton (Relating to discovery procedures for a claim against a governmental entity under the Texas Tort Claims Act.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practices and Remedies Code relating to discovery procedures for a claim against a governmental entity under the Texas Tort Claims Act. The bill would require the supreme court to adopt rules permitting a claimant to conduct discovery if the defendant (governmental agency) asserts a plea to the jurisdiction. The Office of Attorney General (OAG) indicates the bill would allow for discovery to be done prior to a ruling on a plea to the jurisdiction, and that currently, many courts do not require discovery before ruling on a plea to the jurisdiction. The OAG indicates that the bill would increase the agencys workload, but the cost of implementing bill provisions could be absorbed within the OAGs existing resources; accordingly, no significant fiscal implication to the State is anticipated. The bill would take effect September 1, 2009.
The bill would amend the Civil Practices and Remedies Code relating to discovery procedures for a claim against a governmental entity under the Texas Tort Claims Act. The bill would require the supreme court to adopt rules permitting a claimant to conduct discovery if the defendant (governmental agency) asserts a plea to the jurisdiction.
The Office of Attorney General (OAG) indicates the bill would allow for discovery to be done prior to a ruling on a plea to the jurisdiction, and that currently, many courts do not require discovery before ruling on a plea to the jurisdiction. The OAG indicates that the bill would increase the agencys workload, but the cost of implementing bill provisions could be absorbed within the OAGs existing resources; accordingly, no significant fiscal implication to the State is anticipated.
The bill would take effect September 1, 2009.
Local Government Impact
According to the OAG, the bill would impact local governmental entities by creating additional costs for defending lawsuits and answering discovery in matters in which said entities would be entitled to be dismissed from lawsuits under a plea to the jurisdiction.
According to the OAG, the bill would impact local governmental entities by creating additional costs for defending lawsuits and answering discovery in matters in which said entities would be entitled to be dismissed from lawsuits under a plea to the jurisdiction.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General
LBB Staff: JOB, MN, JP
JOB, MN, JP