Texas House Bill HB617

Texas 2011 - 82nd Regular

• Introduced: 1/12/11
• Refer: 2/18/11

Caption

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

Impact

The enactment of HB 617 is anticipated to have a significant impact on how tort claims are adjudicated against governmental bodies in Texas. With the introduction of provisions for claimants to obtain discovery when a plea to jurisdiction is raised, the bill aims to address a common hurdle that claimants face—proving that the court has the authority to hear their claims. This change could potentially lead to an increase in the number of legitimate claims being processed, as claimants may find it easier to gather the evidence necessary to establish jurisdiction.

Summary

House Bill 617 proposes amendments to the discovery procedures for claims made against governmental entities under the Texas Tort Claims Act. Specifically, the bill introduces Section 101.110 to the Civil Practice and Remedies Code, which allows a claimant to request reasonable discovery in situations where the defendant asserts a plea to the jurisdiction. This will enable claimants to investigate whether circumstances exist that would establish jurisdiction for the court to hear their case. The intention is to clarify and streamline the litigation process surrounding tort claims against government entities in Texas.

Sentiment

The sentiment surrounding HB 617 appears to be generally supportive, particularly among those who advocate for claimants' rights and access to justice. Supporters argue that enhancing discovery rights for claimants serves to level the playing field when they are up against governmental entities that often have more resources to challenge claims. However, there may also be concerns among some stakeholders about the balance of power in litigation and whether increased discovery could lead to abuses or excessive burden on government resources.

Contention

Notably, there may be contention regarding the interpretation of what constitutes 'reasonable discovery' under the new provisions. Government entities might express concerns over the potential for overly broad discovery requests that could complicate their defenses and lead to increased litigation costs. Additionally, discussions may arise regarding the implications of extending discovery rights—whether these rights will enhance public accountability or inadvertently create opportunities for claims that lack merit.