Texas 2011 - 82nd Regular

Texas House Bill HB2031

Filed
 
Out of House Committee
4/28/11  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the establishment of a voluntary compensation plan as a method of alternative dispute resolution.

Impact

The legislation impacts how civil disputes are handled in Texas, potentially lessening the burden on the court system by providing an option for parties to settle disputes outside of formal litigation. Under the provisions of the bill, claims submitted under these voluntary compensation plans will not result in admissions of liability, thereby allowing plan creators to protect themselves from subsequent legal action. This neutrality may encourage more individuals and businesses to participate in these plans instead of pursuing more adversarial legal options.

Summary

House Bill 2031 aims to establish a framework for voluntary compensation plans as a novel method of alternative dispute resolution in the state of Texas. The bill outlines the procedures for creating these plans, which can be set up by potentially liable persons who wish to resolve potential civil claims without entering lengthy litigation. This represents a departure from traditional dispute resolution mechanisms, emphasizing quicker, more cost-effective outcomes for all parties involved.

Conclusion

Moving forward, the reception of HB 2031 will likely depend on the balance between encouraging voluntary dispute resolution and ensuring that the rights of claimants are not infringed upon. Given the bill's focus on establishing rules that govern these plans, the forthcoming regulation from the Texas Supreme Court will be critical in shaping its implementation and addressing initial stakeholder concerns.

Contention

Notably, concerns have been raised regarding the implications of this bill. Critics argue that the amount of discretion given to plan administrators might lead to inconsistency and lack of accountability in the compensation process. Furthermore, the provisions that protect plan creators from liability raise questions about fairness and adequate compensation for claimants. Some stakeholders believe that while the intention to streamline dispute resolution is noble, it may also skew towards protecting businesses at the expense of vulnerable claimants.

Companion Bills

TX SB21

Identical Relating to the establishment of a voluntary compensation plan as an alternative to litigation.

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