Well, the Texas Legislature has been in session for a little over six weeks and no real serious damage has been done so far. However, there are several bills pending that should be of interest to each of our clients. These bills are summarized below. Please click on the hyperlink to view the entire bill.
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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. |
| REMARKS: | We aren’t kiddin’. |
| Bill History: | 11-10-04 H Filed 01-31-05 H Introduced and referred to committee on HouseCivil Practices |
| HB 490 | Deshotel | Relating to the enforcement of certain provisions in construction contracts. |
| Bill History: | 01-19-05 H Filed 02-07-05 H Introduced and referred to committee on HouseCivil Practices |
| HB 755 | Gattis | Relating to procedures relating to the doctrine of forum non conveniens in a civil cause of act. |
| Companions: | SB 294 (I) |
| Bill History: | 02-02-05 H Filed 02-09-05 H Introduced and referred to committee on House Civil Practices |
| HB 832 | Hughes | Relating to the salary of a district judge presiding over multidistrict litigation. |
| Remarks: | JUDICIAL COMPENSATION – This proposal would pay an MDL judge the same salary as a local administrative judge. |
| Bill History: | 02-03-05 H Filed 02-10-05 H Introduced and referred to committee on House Judiciary |
| HB 852 | Solomons | Relating to the liability of in-home service companies and residential delivery companies for negligent hiring. |
| Remarks: | BACKGROUND CHECKS – This bill would require an in-home service or residential delivery business to obtain criminal histories on every employee from the Department of Public Safety. Current law allows such businesses to obtain a criminal background check from a private vendor. |
| Bill History: | 02-04-05 H Filed 02-10-05 H Introduced and referred to committee on HouseCivil Practices |
| HB 955 | Solomons | Relating to interest rates, usury, consumer protections, commercial and consumer lending, licensing of mortgage brokers, savings bank charters, and the regulation of lenders. |
| Bill History: | 02-09-05 H Filed 02-14-05 H Introduced and referred to committee on HouseFinancial Institutions |
| HB 974 | Madden | Relating to resolution of disputes arising under certain construction contracts. |
| Remarks: | ALTERNATE DISPUTE RESOLUTION – This bill establishes an alternative dispute resolution process for nonresidential construction contracts. Under this process, dispute boards composed of three qualified persons, one nominated by each of the parties and a third selected by the two so nominated, would be set up by agreement of the parties in the construction contract. The parties to the construction contract may agree to be bound by the decision of the board or preserve further recourse to binding arbitration or court. |
| Bill History: | 02-09-05 H Filed 02-14-05 H Introduced and referred to committee on HouseCivil Practices |
| HB 1001 | Luna | Relating to the compensation of state judges. |
| Companions: | SB 368 (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: | 02-10-05 H Filed 02-14-05 H Introduced and referred to committee on HouseJudiciary |
| HB 1077 | Crabb | Relating to the composition of certain courts of appeals districts and to the assignment and transfer of cases in certain courts of appeals districts. |
| Remarks: | COURTS OF APPEALS – This bill makes relatively minor modifications to the district boundaries of the following appellate court districts: First, Fifth, Ninth, Tenth, Twelfth, and Fourteenth. As far as we can tell at this point, these changes have been agreed to by the courts involved. If you would like to see if a particular county in one of these districts has been shifted to another district, you can view the bill by going to Texas Legislature Online and searching by the bill number. |
| Bill History: | 02-14-05 H Filed 02-16-05 H Introduced and referred to committee on House Redistricting |
| HB 1133 | Nixon | Relating to interlocutory appeals. |
| Remarks: | INTERLOCUTORY APPEALS – Similar to SB494. This bill allows county courts and county courts-at-law to issue orders for permissive interlocutory appeals upon agreement by the parties. |
| Bill History: | 02-15-05 H Filed 02-16-05 H Introduced and referred to committee on HouseCivil Practices |
| 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 HouseJudiciary |
| HB 1180 | Dutton | Relating to the salaries of state judges. |
| Remarks: | JUDICIAL COMPENSATION – Under this approach, the base salary of a district judge is set at $107,000, but local supplementation is permitted in the amounts established by the legislation. Appellate judges would receive 110% of the annual state salary paid to a district judge plus the average of the county supplements paid by Tarrant, Harris, Dallas, Bexar, and Travis Counties. Supreme Court justices would be paid 120% of that sum. |
| Bill History: | 02-16-05 H Filed 02-17-05 H Introduced and referred to committee on HouseJudiciary |
| 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: | 02-16-05 H Filed 02-17-05 H Introduced and referred to committee on HouseInsurance |
| HB 1237 | Paxton | Relating to binding arbitration clauses in certain residential construction contracts. |
| Remarks: | BINDING ARBITRATION – This bill requires a residential construction contract to contain a conspicuous notice if the contract requires the homeowner and builder to resolve a dispute through binding arbitration. |
| Bill History: | 02-16-05 H Filed |
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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 – TCJL is monitoring this bill closely. This is the sunset bill for the TWCC, and the filed version of this bill leaves the Etie decision in place. |
| Bill History: | 01-13-05 S Filed 02-01-05 S Introduced and referred to committee on SenateState Affairs 02-21-05 S Meeting set for 1:30 P.M. or Adj., Senate C…Senate State Affairs |
| 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 – This bill closes a loophole, and makes it easier for judges to dismiss cases that should be brought in another forum. |
| Bill History: | 01-27-05 S Filed 02-07-05 S Introduced and referred to committee on SenateState Affairs |
| SB 368 | Duncan | 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: | 02-07-05 S Filed 02-15-05 S Introduced and referred to committee on SenateState Affairs |
| SB 445 | Carona | Relating to indemnification provisions in construction contracts. |
| Bill History: | 02-10-05 S Filed 02-15-05 S Introduced and referred to committee on SenateState Affairs |
| SB 494 | Williams | Relating to permissive interlocutory appeals in civil actions. |
| Companions: | HB 1294 (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: | 02-14-05 S Filed |
| SB 503 | West, Royce | Relating to making the award of an arbitration an open record. |
| Remarks: | ARBITRATION – (SB503, SB504, SB505) – These bills require public disclosure of arbitration awards, state registration of arbitrators who conduct consumer or employment-related arbitrations, and requires a party who desires to seal an arbitration award to apply to the court under Rule 76a. |
| Bill History: | 02-14-05 S Filed |
| SB 504 | West, Royce | Relating to the filing of certain information by arbitrators after each arbitration. |
| Remarks: | ARBITRATION – (SB503, SB504, SB505) – These bills require public disclosure of arbitration awards, state registration of arbitrators who conduct consumer or employment-related arbitrations, and requires a party who desires to seal an arbitration award to apply to the court under Rule 76a. |
| Bill History: | 02-14-05 S Filed |
| SB 505 | West, Royce | Relating to registration of arbitrators and arbitration services providers with the secretary of state. |
| Remarks: | ARBITRATION – (SB503, SB504, SB505) – These bills require public disclosure of arbitration awards, state registration of arbitrators who conduct consumer or employment-related arbitrations, and requires a party who desires to seal an arbitration award to apply to the court under Rule 76a. |
| Bill History: | 02-14-05 S Filed |
| SJR 16 | Duncan | Relating to appointments to fill vacancies in certain judicial offices and for nonpartisan retention elections for those offices. |
| 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 |