Texas House Bill HB1744

Texas 2025 - 89th Regular

• Filed: 1/6/25

Caption

Relating to the personal liability of control persons and material aiders under the Texas Securities Act; excluding claims from proportionate responsibility under Chapter 33 of the Texas Civil Practice and Remedies Code.

Impact

The implications of HB 1744 on Texas law are significant, particularly in the realm of corporate governance and securities law. By clarifying the liability standards for control persons and material aiders, the bill aims to provide a more structured approach to accountability in the securities markets. This could lead to an environment where investors may have more clarity regarding the responsibilities and potential liabilities of those who exert control over entities involved in securities transactions. Moreover, excluding these claims from proportionate responsibility could alter the dynamics of how damages are calculated in such cases, potentially increasing the risk for individuals acting in these capacities.

Summary

House Bill 1744 seeks to amend the Texas Civil Practice and Remedies Code concerning the personal liability of control persons and material aiders under the Texas Securities Act. The bill explicitly states that claims related to controlling persons or aiders are to be excluded from the provisions of proportionate responsibility as defined under Chapter 33 of the Texas Civil Practice and Remedies Code. This exclusion could potentially impact how liability is assessed in securities-related cases throughout Texas.

Sentiment

General sentiment around HB 1744 appears to align with an effort to enhance oversight and regulatory clarity in the Texas securities market. Supporters of the bill may view it as a necessary step in bolstering investor protection and ensuring that those in positions of control are held accountable for their actions. While the bill may not face overt opposition currently, there is room for contention, particularly from stakeholders who believe that additional regulations may inadvertently stifle business operations or complicate the existing legal frameworks.

Contention

One notable point of contention could arise from the interpretation of what constitutes a 'control person' or 'material aider.' Define these terms too broadly, and the legislation may empower lawsuits that could deter investment or leadership in smaller businesses. Furthermore, the balance between holding individuals accountable and allowing for reasonable risk-taking in business practices is a critical aspect that legislators will need to navigate.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 33. Proportionate Responsibility
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