Texas 2011 - 82nd Regular

Texas Senate Bill SB13

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the reform of certain remedies and procedures in civil actions.

Impact

If enacted, SB13 would amend the Civil Practice and Remedies Code by introducing various measures, including clear guidelines on what constitutes a nonmeritorious case eligible for early dismissal. Additionally, it would refine rules related to the recovery of attorney fees and litigation costs, potentially dissuading parties from pursuing unwarranted claims. There are provisions that detail the conditions under which defendants can recover costs if settlement offers are rejected, thus fostering an environment that may encourage pre-trial settlements and decrease the burden on courts. These changes could lead to a significant shift in how civil disputes are managed, potentially influencing the behavior of both plaintiffs and defendants in litigation.

Summary

SB13 proposes significant reforms to procedures and remedies in civil actions in Texas, specifically focusing on expediting the legal process and reducing costs. The bill introduces new provisions for the early dismissal of nonmeritorious cases, thereby aiming to discourage frivolous lawsuits. It also mandates the Texas Supreme Court to formulate rules governing the resolution of civil actions, particularly those where damages fall between $10,000 and $100,000. The overall intent of these changes is to create a legal environment that is more efficient and accessible, encouraging fair resolution while minimizing expenses for litigants.

Sentiment

The sentiment around SB13 appears to be mixed among lawmakers and legal professionals. Supporters argue that these reforms are necessary to streamline the judicial process, reduce court congestion, and ultimately lower legal costs for everyone. They believe that early dismissal provisions will protect defendants from baseless claims. However, critics express concerns that the bill may unduly restrict access to justice for legitimate claims, particularly affecting individuals who may struggle to navigate the complexities of the legal process. The contention focuses on balancing the need for judicial efficiency against the rights of plaintiffs to pursue their cases fairly.

Contention

Notable points of contention include the belief by some that the bill favors defendants to the detriment of plaintiffs. Critics warn that the early dismissal provisions could lead to valuable cases being dismissed prematurely without proper consideration. Similarly, concerns have been raised regarding the clear language requirement for creating causes of action, which some interpret as potentially limiting judicial discretion. The introduction of a system where litigation costs can be awarded against claimants who reject settlement offers also raises alarms about chilling effects on the willingness to litigate legitimate claims, pointing to a broader debate about access to the legal system.

Companion Bills

No companion bills found.

Similar Bills

TX HB2661

Relating to settlement of certain civil actions.

TX SB1594

Relating to offers of settlement in civil cases.

TX HB3673

Relating to offers of settlement in civil cases.

TX HB2437

Relating to an award of litigation costs after the rejection of certain settlement offers.

CA SB251

Claims against the state: appropriation.

KY HB206

AN ACT relating to wrongful conviction compensation.

KY SB262

AN ACT relating to wrongful conviction compensation.

TX HB3563

Relating to settlement practices of insurers and prohibited conduct by insurance adjusters and public insurance adjusters.