Texas Senate Bill SB1594

Texas 2011 - 82nd Regular

• Introduced: 3/11/11
• Refer: 3/23/11

Caption

Relating to offers of settlement in civil cases.

Impact

The law, once enacted, will not only alter the financial implications of rejecting settlement offers but also potentially impact the behavior of parties in civil litigation. The intention of SB1594 is to encourage fair consideration of settlement offers by making the costs of rejecting offers more apparent. This change is expected to streamline the civil litigation process by incentivizing parties to engage in settlement discussions more seriously, thereby reducing the number of cases that go to trial.

Summary

SB1594 addresses the processes and implications of offers of settlement in civil cases within Texas. This bill modifies existing provisions in the Civil Practice and Remedies Code, making adjustments to how settlement offers are handled by the court. The key change involves the stipulation that if a settlement offer is made and subsequently rejected, the party who rejected the offer may face greater costs if the judgment awarded is significantly less favorable than the initial offer. Specifically, a plaintiff's judgment must be less than 80% of the offer for them to incur costs, while a defendant's judgment must exceed 120% of the offer for the same rule to apply.

Sentiment

The sentiment around SB1594 appears to reflect a common legislative trend towards promoting efficiency in civil litigation. While supporters argue that it will create a more practical and judicious approach to settlements, opponents are wary of its potential to disproportionately penalize parties, especially those with limited resources. The concern is that this could inadvertently encourage settlements based on fear of incurring costs rather than the merits of the case.

Contention

Notable points of contention include the bill's adjustments to statutory caps on damages. The provision clarifying that litigation costs awarded under this chapter are not considered damages for those caps raises questions about transparency and fairness in the litigation process. Critics worry this could lead to situations where the statute's intent might be undermined, allowing for larger payouts than initially intended, particularly in cases with significant litigation costs.