Texas House Bill HB1197

Texas 2011 - 82nd Regular

• Introduced: 2/8/11
• Refer: 3/1/11

Caption

Relating to an action on certain contracts for information about property recoverable by the state.

Impact

The impact of HB1197 extends to state laws concerning the recovery of property and enforcement of contracts. By providing mechanisms for individuals to bring actions on behalf of the state, the bill may enhance the state's ability to recover lost revenue from property claims while also offering a clear legal framework for private entities to assert their contractual rights. This could lead to a more efficient recovery process for the state and ensure that legal actions are effectively communicated and managed between private parties and the state government.

Summary

House Bill 1197 introduces provisions for actions related to contracts concerning property recoverable by the state, particularly focusing on contracts executed with respect to royalties or proceeds from state-owned lands. The bill allows individuals who hold such contracts to initiate civil actions in cases where the state has not taken action to recover claims within five years of the contract execution. This facilitates greater access to legal recourse for contracting parties, aligning their interests with those of the state in recovering due amounts.

Sentiment

The overall sentiment surrounding HB1197 appears to be cautiously optimistic. Supporters view it as a necessary reform to strengthen contract rights and ensure that the state can effectively recover valuable resources. They argue that empowering individuals to take initiative in these scenarios aligns with broader goals of economic responsibility and accountability. However, there are also concerns regarding the implications of allowing private actions that might complicate state legal proceedings or result in conflicting interests.

Contention

Notable points of contention within the discussions around HB1197 stem from concerns about potential misuse of the bill's provisions. Critics argue that the bill could lead to increased litigation or the exploitation of loopholes within the contract enforcement mechanisms, possibly burdening the judicial system. Additionally, clarity around the rights and limitations for parties bringing actions under this legislation is essential to prevent potential conflicts between individual claimants and the state’s interests. The balance between empowering citizens and maintaining state control over legal actions remains a key focus point.