LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 11, 2011 TO: Honorable Robert Duncan, Chair, Senate Committee on State Affairs FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB274 by Creighton (Relating to the reform of certain remedies and procedures in civil actions and family law matters.), As Engrossed No significant fiscal implication to the State is anticipated. The bill would amend the Government Code and Civil Practice and Remedies Code to reform certain remedies and procedures in civil litigation including attorneys fees, early dismissal, expedited trials, appeals, and settlement offers. The Supreme Court would be required to adopt rules regarding an expedited and fair resolution of non-meritorious cases. The bill would provide that certain rules adopted would not apply to an action under the Family Code. The bill would provide that a taxpayer that contests a tax appraisal who prevails would be entitled to an award of costs and attorneys fees, but an appraisal district or taxing authority that prevails would not be entitled. The bill would repeal Section 33.004(e); and Sections 42.004(d) and (g) of the Civil Practices and Remedies Code. The Office of Court Administration indicates that any costs associated with the bill could be absorbed within the agencys existing resources. Local Government Impact There could be costs to an appraisal district or a taxing authority for costs and attorneys fees if a taxpayer prevailed in a civil suit, but the amounts would vary depending on the number of suits filed and awarded to a taxpayer, and the amount of the costs and attorneys fees incurred. Source Agencies:212 Office of Court Administration, Texas Judicial Council LBB Staff: JOB, KJG, TP, JT, SZ, JB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
May 11, 2011
TO: Honorable Robert Duncan, Chair, Senate Committee on State Affairs FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB274 by Creighton (Relating to the reform of certain remedies and procedures in civil actions and family law matters.), As Engrossed
TO: Honorable Robert Duncan, Chair, Senate Committee on State Affairs
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB274 by Creighton (Relating to the reform of certain remedies and procedures in civil actions and family law matters.), As Engrossed
Honorable Robert Duncan, Chair, Senate Committee on State Affairs
Honorable Robert Duncan, Chair, Senate Committee on State Affairs
John S O'Brien, Director, Legislative Budget Board
John S O'Brien, Director, Legislative Budget Board
HB274 by Creighton (Relating to the reform of certain remedies and procedures in civil actions and family law matters.), As Engrossed
HB274 by Creighton (Relating to the reform of certain remedies and procedures in civil actions and family law matters.), As Engrossed
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Government Code and Civil Practice and Remedies Code to reform certain remedies and procedures in civil litigation including attorneys fees, early dismissal, expedited trials, appeals, and settlement offers. The Supreme Court would be required to adopt rules regarding an expedited and fair resolution of non-meritorious cases. The bill would provide that certain rules adopted would not apply to an action under the Family Code. The bill would provide that a taxpayer that contests a tax appraisal who prevails would be entitled to an award of costs and attorneys fees, but an appraisal district or taxing authority that prevails would not be entitled. The bill would repeal Section 33.004(e); and Sections 42.004(d) and (g) of the Civil Practices and Remedies Code. The Office of Court Administration indicates that any costs associated with the bill could be absorbed within the agencys existing resources.
Local Government Impact
There could be costs to an appraisal district or a taxing authority for costs and attorneys fees if a taxpayer prevailed in a civil suit, but the amounts would vary depending on the number of suits filed and awarded to a taxpayer, and the amount of the costs and attorneys fees incurred.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: JOB, KJG, TP, JT, SZ, JB
JOB, KJG, TP, JT, SZ, JB