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Chamberlain McHaney, PLLC

Texas Lawyers, Austin & San Antonio

Special Texas Legislative Update

DEAD FOR SESSION: Paid or Incurred; Entergy; Meso/Asbestos; West/Gattis-Arbitration Reform; Duncan/Eiland-Anti-Indemnity;Wentworth-Jury Trial Procedures; Duncan–Court’s Bill. Look for interim studies on some or all of these issues (particularly, paid or incurred, Meso, and a Workers Comp comprehensive review in light of Entergy, but probably not Court Re-org).

TRCC has been legislatively terminated. The TRCC was created in 2003 to handle consumer complaints against homebuilders and home repair outfits. Its state inspection procedures and dispute resolution process were a prerequisite to suit. The agency is expected to close September 1st.

The Texas Department of Insurance did not survive sunset, technically terminating it. Expect the life of the department to survive in the calendars safety net and be extended for another two years where it will once again come up for legislative sunset review in the next session. Look for an interim study of the department by this winter.

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We will cover all the notable 2009 cases and new legislation at our full day, fully accredited 2009 Ultimate Claims Handling Seminar on October 16, 2009 at CityPlace Conference Center in Dallas, Texas. Save the date.