September 2019
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SEPTEMBER 2019 SEPTEMBER 2019 IN THIS ISSUE Leadership Matters Leadership Matters . 1 Meeting Texas’ Challenges Head On . 2 The 86th Legislature passed a wide array of meaningful civil jus- An Active, Productive Session tice bills, making it a landmark session for TLR initiatives. More for Civil Justice . 3 broadly, this session was one of the most successful in a decade in Strong Legislative Leaders Produce producing consensus improvements in public education, property a Successful Session . 4 tax relief and health care, all with bipartisan participation and support. The election of 2019’s Dynamic Civil Justice Agenda . 7 a seasoned legislator, Dennis Bonnen, as the new speaker of the Texas House created an Consensus Building is the Heart of TLR’s Legislative Advocacy . 11 opportunity for collaboration that Gov. Greg Abbott and Lt. Gov. Dan Patrick seized. Going to the Dogs . 12 Their coordinated leadership, combined with the hard work of legislators of both par- ties in both chambers, yielded stunning results for the state. OUR MISSION In Texas, the minority party is respected by the majority party and is a full partici- Texans for Lawsuit Reform is pant in the legislative process. Even though Republicans hold every statewide elected a volunteer-led organization office and have majorities in the House and Senate, Democrats hold meaningful com- working to restore fairness mittee assignments, including chairmanships, and author or joint-author significant and balance to our civil legislation. Lt. Gov. Patrick regularly points out that of the 1,641 bills and resolutions justice system through politi- passed by the Senate in the 85th Legislature (2017), only 23 (1.4 percent) were passed cal action, legal, academic without Democrat votes. While a similar analysis has not yet been completed for the and market research, and grassroots initiatives. The 2019 session, the vast majority of passed bills had overwhelming bipartisan support and common goal of our more only a few passed on purely partisan lines. In almost every session, the Senate passes the than 18,000 supporters is to biennial budget unanimously or with only one or two protest votes against it. make Texas the Beacon State Speaker Bonnen enlisted the entire House membership in a cooperative manner to for Civil Justice in America. improve civil and criminal justice and public education, achieve a balanced budget and protect our children from exploitation, among other policy objectives. He named a 1701 Brun Street, Suite 200 Democrat from El Paso, Joe Moody, as speaker pro tempore and appointed Democrats Houston, Texas 77019 to chair important committees, such as Business and Industry, Transportation, and www.tortreform.com Insurance. The speaker also brought the most conservative members of the Republican [email protected] Caucus into the fold, allowing them to be fully engaged in crafting and passing legislation. @lawsuitreform Gov. Abbott campaigned last year on a platform of property tax relief and improving public education. He rallied public opinion to these causes and engaged vigorously in the legislative process to achieve success. Leadership matters, and Texas is fortunate that our governor, lieutenant governor and speaker worked with each other on critical issues. Members of both parties in the House and Senate worked diligently and with civility to find common cause for the people of Texas. One result was that TLR-supported bills passed with overwhelming bipartisan majorities, as you will learn in this Advocate. Leg Ad Pd for by Texans for Lawsuit Reform Richard J. Trabulsi Jr., Chairman Richard J. Trabulsi Jr., 919 Congress, Suite 455, Austin, TX 78701 TLR Chairman Meeting Texas’ Challenges Head On By Sen. Joan Huffman, Chair, Senate State Affairs With the dust just having settled hiring of outside, contingency fee lawyers is openly from the 86th Legislative Session, discussed in a public forum. it’s a good time to take a look at With these reforms, local governments will also be what your Texas Legislature accomplished this year. able to retain legal awards resulting from lawsuits by My Senate colleagues and I worked to pass critical requiring contingency fee contracts to be based on legislation that will benefit every Texan, including a a reasonable hourly rate and not a percentage rate. balanced budget, historic school finance reform and Finally, to ensure appropriate oversight and enforce- property tax reform. We funded much-needed disas- ment, the bill moves the approval of these contracts ter relief and preparedness initiatives, which are par- from the Texas comptroller to the attorney general, ticularly important to Senate District 17 and other giving the state’s top lawyer the authority to review areas along the Gulf Coast. Furthermore, we enacted and approve contracts between local governments and safety and security measures to help protect our most private attorneys. valued asset—our Texas school children. As a former Regarding judicial compensation, the primary prosecutor and criminal court judge who has long obstacle to giving Texas judges pay raises in the past advocated for stronger measures against sexual preda- has been the link between district judge salaries and tors, I’m especially pleased by multiple pieces of leg- legislator retirement annuities. Due in part to this islation that will combat sexual assault and human obstacle, our hard-working judges have received only trafficking, as well as support the survivors of these two pay raises since 2000. heinous crimes. In order to have qualified men and women on our The Senate State Affairs Committee, of which I bench, we must ensure they are adequately compen- serve as chair, also plays a critical role in issues related to sated. That is why I crafted a solution, detailed in the civil justice system. One significant reform I spon- House Bill 2384, that avoids the legislator retirement sored was House Bill 2826, authored by Rep. Greg annuity link entirely by capping a judge’s base salary Bonnen, which brings much-needed transparency and creating a new system of tiers that are tied to judi- into the contingency fee contracting process between cial longevity. Put simply, the state rewards judges who local governments and private attorneys. After learn- choose to remain on the bench while keeping legislator ing of rampant legal action against contractors, espe- annuities the same. cially related to school building construction, I knew House Bill 2384 will give judges who have served it was important to take action to reduce unwarranted at least one term a 10 percent pay increase and judges legal suits and protect taxpayer funds against overzeal- who have served two terms or more a 20 percent pay ous attorneys. It was starkly clear that these lawsuits increase. Furthermore, the bill lowers the eligibility were being manufactured by a small group of lawyers requirement for longevity pay to 12 years from 16 attempting to extort settlements and reap enormous years, and increases that longevity pay to 5 percent (up legal fees from contractors, to the detriment of local from 3.1 percent). House Bill 2384 will reward senior- governments, and ultimately, taxpayers. ity, encourage retention and ensure the Legislature The proliferation of these contingency fee agree- does not need to revisit the issue of judicial compensa- ments has prevented many reputable companies, par- tion every session. The solution that I put forth, and ticularly contractors and subcontractors, from doing that the Legislature adopted, is also very cost-effective business with local governments. These frivolous in comparison to alternative proposals considered. lawsuits even resulted in increased contract costs for These bills are just a few that the Legislature passed our local school districts. To end this unfair prac- this session to address the challenges facing our great tice, House Bill 2826 ensures local governments can state. Now it’s time to see that work in action, and pre- get well-qualified attorneys at a fair rate and that the pare to meet the challenges ahead. ■ PAGE 2 An Active, Productive Session for Civil Justice By Rep. Jeff Leach, Chair, House Judiciary and Civil Jurisprudence The 86th Legislative Session was who saw the importance of ensuring Texans of all a collaborative and transformative means and backgrounds can have their day in court. one for Texas. With a new speaker The input from stakeholders—the very people at the helm, the Texas House gaveled in on January 8, who live and work under these laws every day—can- ready to tackle some of the most pressing challenges not be understated. Without it, we lawmakers simply facing our state. I am confident that, after 140 days of wouldn’t have the critical context and feedback neces- hard work, the Legislature delivered results that will sary to pass good laws. benefit all Texans for a long time to come. A clear example of this is another bill that I authored This session was a meaningful one for me person- this session, House Bill 2730. ally because I was blessed to be appointed by Speaker This bill amended the Texas Citizens Participation Dennis Bonnen as chairman of the House Committee Act (TCPA), also known as the state’s anti-SLAPP on Judiciary and Civil Jurisprudence (JCJ). This com- statute, which was being used in ways the Legislature mittee has jurisdiction over all legislation and policies never intended, creating a huge logjam in the legal that affect our civil justice system, including our civil system and resulting in an outcry from lawyers, judges courts—from the number of judges on a court, to the and citizens. types of cases a particular court can hear, to the rules The TCPA was originally passed to protect Texans’ and procedures that govern attorneys and the prac- rights to free speech and public association and to tice of law in specific cases.