LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION March 13, 2017 TO: Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB53 by Romero, Jr. (Relating to settlement of claims and actions against a governmental unit.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Civil Practice and Remedies Code by prohibiting certain settlement terms against a governmental unit and restricting the admissibility of certain evidence related to settlement negotiation. According to information provided by the Office of the Attorney General, the bill would prevent a governmental unit from using evidence of a settlement to defend against a suit arising out of the same facts. The bill would increase the costs associated with litigation as a result of eliminating defenses that would resolve all, or portions, of a suit without the need for protracted discovery and trial. It is anticipated that the timing to litigate and appeal cases impacted by the bill would make immediate impact unlikely. This analysis assumes that any costs associated with the implementation of the bill would be absorbed by the Office of the Attorney General and the Office of Court Administration using existing agency resources. The bill would go in to effect on September 1, 2017. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General LBB Staff: UP, SLE, NV, JSm
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
March 13, 2017
TO: Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB53 by Romero, Jr. (Relating to settlement of claims and actions against a governmental unit.), As Introduced
TO: Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB53 by Romero, Jr. (Relating to settlement of claims and actions against a governmental unit.), As Introduced
Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB53 by Romero, Jr. (Relating to settlement of claims and actions against a governmental unit.), As Introduced
HB53 by Romero, Jr. (Relating to settlement of claims and actions against a governmental unit.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code by prohibiting certain settlement terms against a governmental unit and restricting the admissibility of certain evidence related to settlement negotiation. According to information provided by the Office of the Attorney General, the bill would prevent a governmental unit from using evidence of a settlement to defend against a suit arising out of the same facts. The bill would increase the costs associated with litigation as a result of eliminating defenses that would resolve all, or portions, of a suit without the need for protracted discovery and trial. It is anticipated that the timing to litigate and appeal cases impacted by the bill would make immediate impact unlikely. This analysis assumes that any costs associated with the implementation of the bill would be absorbed by the Office of the Attorney General and the Office of Court Administration using existing agency resources. The bill would go in to effect on September 1, 2017.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General
LBB Staff: UP, SLE, NV, JSm
UP, SLE, NV, JSm