Skip to content
Chamberlain McHaney, PLLC

Texas Lawyers, Austin & San Antonio

The Race for Speaker

The Race for Speaker: Rep Warren Chisum, R-Pampa, released a statement to the media this morning saying that he has the required number of signatures (ten) from House members to force a Republican caucus to select the Republican nominee for Speaker. Said Chisum: “We need a Republican caucus to meet and select one conservative candidate for Speaker of the House. The voters of Texas have elected a strong overwhelming majority of Republicans to the Texas House of Representatives. We need to respond to the will of the voters and work together to select a single Republican nominee for Speaker.” Chisum has cast his bid for the position as has current Speaker Joe Straus, R-San Antonio, and Ken Paxton, R-McKinney.

RSVP Now for the upcoming Austin Bar Legislative Committee Seminar: Draft that Bill and Get it Passed: A Comprehensive Short Course on Legislative Drafting and the Inner Workings of Bill Passage, January 26, Noon to 1:30, Austin Bar Association, In the Big Room. RSVP to 512.472.0279 to reserve your seat. 1.5 hrs CLE Credit. Free to Austin Bar Members. Lunch available for purchase ($10) or brown bag it.

Texans for Lawsuit Reform touts “Loser Pays” Legislation: In an interview published by the Texas Tribune this morning, Dick Trabulsi, the president of Texans for Lawsuit Reform (TLR), stated Governor Perry favors legislation which would require that the loser of a civil lawsuit reimburse all attorneys fees and expenses to the winner of the lawsuit. Trabulsi said TLR was currently studying the issue and hopes “to see a proposal emerge during the session.” TLR is one of the leading tort reform organizations in Texas.

Proponents of “Loser Pays” legislation say it is an effective deterrent against unmeritorious lawsuits. Opponents counter that it deters meritorious suits as well, effectively barring access to the judicial system.

Interestingly, “Loser Pays” has been the law in Great Britain for a number of years and has spawned a novel industry. Parties to a lawsuit can buy “Legal Expenses Insurance” which will pay your adversary’s fees and expenses if you lose the suit. Proponents of “Loser Pays” say this insurance protects parties with meritorious claims while the cost of premiums is just another ordinary litigation expense. Opponents say that under that system insurance companies effectively assume the role of gatekeepers to the courthouse because their underwriters decide which suits are insurable and which ones are not.

Trabulsi also told the Tribune that the TLR PAC had made contributions of over $6 million in state races this past election cycle. The legislature’s regular session gets underway on January 11.

The Austin Bar Legislative Update is a membership benefit of the Austin Bar Association.