As you may have heard, our Texas House of Representatives is leading the nation in the never ending fight against sexually suggestive cheerleading routines by prep students. They passed a bill last week requiring the Texas Education Agency (a/k/a Booty Regulatory Agency) to take remedial action to correct any routine that offends the sensibilities. Emboldened by recent coverage on The Daily Show, the House now plans to take on the Dallas Cowboys Cheerleaders and straighten them out as well.
On the Senate side, one senator is still leading the fight to designate the chuck wagon as the official vehicle of Texas. He has met tough opposition from lobbyists representing General Motors. GM claims the official state vehicle ought to be the Chevy Suburban.
While Rome is burning, we provide you with the following recap of what our legislature has accomplished in the last five months. We have also summarized the bills that deal with the civil justice system and causes of action.
Remember, Texas Update doesn’t make the law; it only reports it …so don’t get mad at us.
Legislative Update
May 9, 2005
79th Regular Session
Bill Statistics as of 5-6-05
House Bills filed 3,590
Senate Bills filed 1,884
Total bills filed 5,474
House bills passed 17
Senate bills passed 42
Total bills passed 29
| SB 15 | Janek Nixon |
Relating to civil claims involving exposure to asbestos and silica. |
| Remarks: | ASBESTOS – Establish objective medical criteria for screening unimpaired asbestos and mixed dust claims currently pending or filed in the future in Texas courts |
| Bill History: | 05-03-05 H Voted favorably from committee on House Civil Practices 05-04-05 H Reported favorably from committee on House Civil Practices 05-10-05 H Set on the House Calendar |
| HB 8 | Nixon | Relating to civil claims involving exposure to asbestos and silica. |
| Remarks: | ASBESTOS – Establish objective medical criteria for screening unimpaired asbestos and mixed dust claims currently pending or filed in the future in Texas courts. Companion by Senator Kyle Janek. |
| Bill History: | 02-24-05 H Introduced and referred to committee on House Civil Practices 03-16-05 H Meeting set for 2:00 P.M. or Adj., E1.010 House Civil Practices 03-16-05 H Committee action pending House Civil Practices |
| HB 107 | Van Arsdale | Relating to prohibiting actions brought against certain persons alleging injury related to an individual’s weight gain, obesity, or any health condition associated with weight gain or obesity. |
| Bill History: | 05-05-05 H Laid out for discussion 05-05-05 H Committee substitute adopted 05-05-05 H Passed to third reading |
| HB 755 | Gattis Duncan |
Relating to procedures relating to the doctrine of forum non conveniens in a civil cause of act. |
| Companions: | SB 294 (I) |
| Remarks: | FORUM NON CONVENIENS – this legislation closes a loophole, and makes it easier for judges to dismiss cases that should be brought in another forum. |
| Bill History: | 05-02-05 S Reported from committee as substituted Senate State Affairs 05-02-05 S Recommended for Local/Uncontested Calendar 05-10-05 S Set on the Local Calendar |
| HB 1158 | Goodman | Relating to the compensation of state judges. |
| Remarks: | JUDICIAL COMPENSATION – (SB368, HB1001, HB1158) – Currently, judicial salary levels are pegged to the Supreme Court. Court of appeals justices make 95% of the Supreme Court salary, district judges 90% (plus local supplements in some counties). The effect of local supplements is that some district judges make more than the Supreme Court. Senator Duncan and Representative Luna’s legislation sets the district judge’s salary at $125,000 and provides that salaries for appellate justices shall be 110% and for supreme court justices 120% of the district judge base. In addition, the proposal ties legislative retirement to the governor’s salary, instead of that of a district court judge. The proposal caps the local supplement that counties can pay a district judge and imposes a $35 filing fee for judicial salaries. |
| Bill History: | 02-16-05 H Filed 02-17-05 H Introduced and referred to committee on House Judiciary |
| HB 1217 | Eiland | Relating to enforcement of certain insurance provisions in construction contracts. |
| Remarks: | INDEMNITY/ADDITIONAL INSURED – This bill voids additional insured requirements in construction contracts. |
| Bill History: | 04-04-05 H Committee action pending House Insurance 04-27-05 H Voted favorably from committee as substituted House Insurance 05-02-05 H Reported from committee as substituted House Insurance |
| HB 1294 | Rose | Relating to permissive interlocutory appeals in civil actions. |
| Companions: | SB 494 (I) |
| Remarks: | INTERLOCUTORY APPEAL – This bill is similar to H.B. 1133, but it allows a trial court (not just a district court), on a motion by a party or on its own motion, to permit a permissive interlocutory appeal. |
| Bill History: | 03-07-05 H Committee action pending House Civil Practices 05-03-05 H Voted favorably from committee as substituted House Civil Practices 05-06-05 H Reported from committee as substituted House Civil Practices |
| HB 1477 | Keffer, Bill | Relating to jury service. |
| Remarks: | JURY SERVICE – Higher jury pay and better working conditions for jurors. |
| Bill History: | 04-18-05 H Meeting set for 2:00 P.M. or Adj., E2.028 House Judiciary 04-18-05 H Committee action pending House Judiciary 05-05-05 H Voted favorably from committee as substituted House Judiciary |
| HB 2842 | Chisum | Relating to the criminal penalty for providing false information from outside auditors. |
| Bill History: | 04-25-05 H Voted favorably from committee as substituted House State Affairs 04-29-05 H Reported from committee as substituted House State Affairs 05-09-05 H Set on the House Calendar |
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SB 5 | Staples | Relating to the continuation and operation of the worker’s compensation system and the Department of Workers’ Compensation. |
| Remarks: | STATUTORY EMPLOYER -. This is the sunset bill for the TWCC, and the filed version of this bill leaves the Etie decision in place. |
| Bill History: | 03-29-05 H Referred to House Committee on House Business and Industry 05-04-05 H Meeting set for On adj., Desk #103 House Business and Industry 05-04-05 H Voted favorably from committee as substituted House Business and Industry |
| SB 294 | Duncan | Relating to procedures relating to the doctrine of forum non conviens in a civil cause of action. |
| Companions: | HB 755 (I) |
| Remarks: | FORUM NON CONVENIENS – TCJL supports this legislation. It closes a loophole, and makes it easier for judges to dismiss cases that should be brought in another forum. |
| Bill History: | 03-07-05 S Meeting set for 1:30 P.M. or Adj., Senate C…Senate State Affairs 03-07-05 S Voted favorably from committee as substituted Senate State Affairs 03-09-05 S Reported from committee as substituted Senate State Affairs |
| SB 368 | Duncan Hartnett |
Relating to the compensation of state judges and to the computation of retirement benefits for members of the elected class of the Employees Retirement System. |
| Companions: | HB 1001 (I) |
| Remarks: | JUDICIAL COMPENSATION – (SB368, HB1001, HB1158) – Currently, judicial salary levels are pegged to the Supreme Court. Court of appeals justices make 95% of the Supreme Court salary, district judges 90% (plus local supplements in some counties). The effect of local supplements is that some district judges make more than the Supreme Court. Senator Duncan and Representative Luna’s legislation sets the district judge’s salary at $125,000 and provides that salaries for appellate justices shall be 110% and for supreme court justices 120% of the district judge base. In addition, the proposal ties legislative retirement to the governor’s salary, instead of that of a district court judge. The proposal caps the local supplement that counties can pay a district judge and imposes a $35 filing fee for judicial salaries. |
| Bill History: | 04-11-05 H Committee action pending House Judiciary 04-18-05 H Voted favorably from committee as substituted House Judiciary 04-25-05 H Reported from committee as substituted House Judiciary |
| SB 890 | Williams | Relating to the amount of recovery in a civil actions. |
| Remarks: | SETTLEMENT CREDIT – Restores the dollar-for-dollar option. |
| Bill History: | 04-13-05 S Passed (Vote: Y: 30/N: 0) 04-14-05 H Received in the House – Not referred 04-18-05 H Referred to House Committee on House Civil Practices |
| SJR 16 | Duncan | Relating to appointments to fill vacancies in certain judicial offices and for nonpartisan retention elections for those offices. |
| Companions: | HJR 85 (I) |
| Remarks: | JUDICIAL SELECTION – This proposed constitution amendment would provide for the appointment of appellate and district judges and their retention in nonpartisan retention elections. |
| Bill History: | 02-16-05 S Filed 03-01-05 S Introduced and referred to committee on Senate Jurisprudence |
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