Relating to voidability of contracts procured through and liability arising from conduct constituting barratry; providing a civil penalty.
Impact
If passed, SB1716 would significantly amend Section 82 of the Texas Government Code, thereby enabling clients who have entered into agreements under questionable circumstances to seek redress. The bill facilitates legal actions for clients based on various conditions, such as obtaining refunds of fees and expenses under voided contracts. Importantly, these legal remedies arise not only from clients who engage in contracts but also from individuals solicited by such unethical actions, who may pursue their claims in civil court.
Summary
Senate Bill 1716, filed by Senator Duncan, addresses the voidability of contracts within the arena of legal services that are procured through unethical conduct known as barratry. The bill aims to strengthen protections for clients by allowing them to void contracts that are obtained through conduct that violates the State's laws or the Texas Disciplinary Rules of Professional Conduct. Additionally, it introduces provisions that create civil liabilities for practitioners engaged in such unethical practices, establishing both punitive and compensatory measures for harmed clients.
Contention
Debates surrounding SB1716 reflect concerns of maintaining integrity in legal practices while ensuring accountability among attorneys. Supporters argue that the bill protects clients from unscrupulous lawyers who unlawfully solicit cases, promoting ethical lawyering and safeguarding the reputation of the legal profession. Critics may voice concerns about the implications of broad liability provisions and the potential for increased litigation, which may lead to unintended consequences for legal practitioners as they navigate compliance with heightened standards.
Relating to the regulation and voluntary licensing of reroofing contractors by the Texas Department of Licensing and Regulation; providing administrative and civil penalties; authorizing fees.
Relating to the disclosure of certain gifts, grants, contracts, and financial interests received from a foreign source by certain state agencies, public institutions of higher education, and state contractors, and to the approval and monitoring of employment-related foreign travel and activities by certain public institution of higher education employees; providing civil and administrative penalties.
Relating to the disclosure of certain gifts, grants, contracts, and financial interests received from a foreign source by certain state agencies, public institutions of higher education, and state contractors, and to the approval and monitoring of employment-related foreign travel and activities by certain public institution of higher education employees; providing civil and administrative penalties.
Relating to the regulation of certain health professionals and health facilities; providing civil and administrative penalties; creating a criminal offense.
Relating to liability for the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria; providing a civil penalty.