Texas House Civil Practices Chairman Joe Nixon’s Omnibus Tort Reform Bill is Good For Texas, Good for Texas Citizens

Texas CSE commends House Civil Practices Committee Chairman Joe Nixon for filing House Bill 4, an omnibus civil justice reform bill.

CSE’s policy position

Litigious trial lawyers rob decent, honest Americans of their money, trust and peace of mind. Fear of lawsuit impacts our daily lives both at the workplace, at home and while enjoying recreational activities. It’s time to finish the civil justice reforms began in Texas.

Highlights of Chairman Nixon’s

legislation and impacts on consumers are:

•Class-action litigation reform – A class action is a procedural device used in state and federal courts where the claims of hundreds or even thousands of individuals have their claims ruled upon in one court case. Used for their intended purpose, class actions can be a positive constructive device. But plaintiffs lawyers, like the ones we see on T.V., are abusing the class actions on the state level. Many times these lawyers file class actions and make millions in legal fees, while the class members they’re supposed to represent receive coupons or pennies.

• Offer of settlement provides an avenue for setting disputes out of court, and if that offer is not accepted and the plaintiff loses in court, the plaintiff can be held responsible for the defendant’s costs from the time of refusal of the offer. This just makes sense and puts responsibility backing the hands of the individual bringing the suit.

• Proportionate responsibility is only fair. People should have to pay only for harm they caused, with the amount paid proportionate to the harm they caused.

• If someone is injured, the trial should take place (Venue) either where the injury happened or someplace logical like where the injured party lives or where the person or business that caused the injury lives or is headquartered.

• Product liability reform assures we have consumer choices. The consumer will have fewer choices in the marketplace if we hold the retailer legally responsible all the products they sell.

Other reforms CSE will be supporting this session will include the Governor’s initiative to protect teachers and return our education dollars to education, not fear of litigation. Additional good Samaritan reforms will also be supported, providing protection from lawsuit for individuals volunteering their services.

Texas Citizens for a Sound Economy is a 48,000-member organization of consumers that support common-sense approaches to solving public policy problems. Texas CSE is a state affiliate of the 250,000-member national Citizens for a Sound Economy.