Texas House Bill HB2376

Texas 2019 - 86th Regular

Caption

Relating to the award of attorney's fees in certain civil actions.

Impact

With the repeal of this section, the bill suggests that the criteria for awarding attorney's fees may become less defined. This could lead to increased unpredictability in civil litigation concerning legal costs, as parties may encounter a more varied landscape regarding who bears the financial burden of attorney fees. The bill applies only to causes of action that accrue after its effective date, meaning ongoing cases will still follow the previous law governing these fees. This aspect could create a transitional period where litigants must navigate different rules based on when their cause of action arose.

Summary

House Bill 2376 aims to modify the legal framework surrounding the award of attorney's fees in civil actions within the state of Texas. Specifically, the bill seeks to repeal Section 38.006 of the Civil Practice and Remedies Code, which previously governed the conditions under which attorney's fees could be awarded. The repeal signifies a shift in the approach to attorney's fees, potentially impacting how legal costs are handled in civil litigation moving forward. The change indicates a legislative intent to streamline or alter the existing process of awarding fees, which could result in significant implications for litigants and attorneys involved in civil disputes in Texas.

Contention

The decision to repeal Section 38.006 has generated discussion among legal professionals and legislators. Proponents of the repeal argue that it could reduce litigation costs and encourage settlements by making it less costly for parties to engage in legal actions. Conversely, opponents express concerns that removing the established provisions for awarding attorney fees may disadvantage individuals pursuing legitimate claims, particularly those with limited financial resources. This divergence in opinion highlights the contentious nature of the bill and its potential effects on access to justice in the state.