Texas Senate Bill SB899

Texas 2011 - 82nd Regular

• Introduced: 2/23/11
• Out of Senate Committee: 3/29/11
• Voted on by Senate: 4/4/11
• Refer: 3/1/11
• Out of House Committee: 5/19/11
• Report Pass: 3/29/11
• Voted on by House: 5/23/11
• Engrossed: 4/4/11
• Governor Action: 6/17/11
• Refer: 4/28/11
• Report Pass: 5/17/11
• Enrolled: 5/23/11
• Passed: 6/17/11

Caption

Relating to the legislature's consent or approval of a settlement of a claim or action against this state.

Impact

This bill effectively strengthens the legislative branch's control over substantial financial obligations and reduces the capacity of the Attorney General to settle high-stakes lawsuits unilaterally. By requiring legislative consent for settlements exceeding the specified financial threshold, SB899 aims to maintain oversight and accountability in the expenditure of state funds. This could lead to a more formalized process for large settlements, ensuring that public representatives are involved in decision-making.

Summary

Senate Bill 899 proposes an amendment to the Texas Civil Practice and Remedies Code, particularly regarding the settlement of claims against the state. Under the new provisions, the Attorney General or any attorney representing the state is prohibited from entering into a settlement that requires payments exceeding $10,000,000 in total monetary damages during a state fiscal biennium without prior consent or approval from the legislature. Additionally, any settlement committing the state to future expenditures must also receive legislative approval.

Contention

Points of contention surrounding SB899 may revolve around the balance of power between the executive and legislative branches. Proponents of the bill argue that greater legislative oversight is necessary to safeguard taxpayer funds and ensure transparency in significant settlements. However, opponents might contend that the bill could hinder effective legal representation and the ability of the state to settle claims quickly, potentially leading to prolonged litigation and increased legal costs.