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The House Committee on Judiciary & Civil Jurisprudence met on April 15 to take up a number of bills. This report covers, in the order they were heard at the hearing, HB 1931, HB 3186, HB 3751, HCR 78, HB 1126, HB 3848, HB 2803, HB 4476, and HB 2583.

 

This report is intended to give you an overview and highlight of the discussions on the various topics the committee took up. It is not a verbatim transcript of the hearing, but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

HB 1931 (Kacal | et al.) – Relating to the liability of volunteer certified veterinary assistants, licensed veterinary technicians, or veterinarians who provide medical assistance to an injured animal in certain situations.

  • Kacal – HB 1931 would provide additional protection for volunteers in the veterinary field who provide aid during man made or natural disasters. The bill does not apply to volunteers who commit an act that is grossly negligent or includes misconduct.

 

HB 1931 left pending.

 

HB 3186 (Krause) – Relating to service of expert reports in health care liability claims.

  • Krause – HB 3186 seeks to close loop holes in the expert report filing requirements. This bill would require that the plaintiff file an expert report for direct liability claims.

 

Jay Harvey, Texas Trial Lawyers

  • Against the bill.
  • The bill does not close any loop holes because no loop holes exist.
  • There are more than 2,000 appeals on expert reports, this bill will increase the number of expert reports.

 

Brian Jackson, Texas Alliance for Patient Access

  • For the bill.
  • Under the current system, you can just allege a vicarious liability claim, wait until the export report is filed, and then change that claim to a direct liability and not have to file an expert report. The bill closes this loop hole.

 

HB 3186 left pending.

 

HB 3751 (Walle) – Relating to legal counsel provided by the attorney general to a political subdivision subject to a declared state of disaster.

  • Walle – HB 3751 enables the AG to provide legal counsel to certain local officials during a declared disaster and a 90-day period following the expiration or termination of the disaster declaration.

 

HB 3751 left pending.

 

HCR 78 (Capriglione) – Approving the settlement agreement between the State of Texas and the U.S. Department of Health and Human Services, Office for Civil Rights.

  • CS laid out.
  • Capriglione – OCR found DADS violated HIPAA rules and proposed a resolution agreement that includes monetary payment and a corrective action plan. Since DADS no longer exists and its functions have been consolidated into HHSC, HHSC must respond to the OCR and comply with the resolution agreement. HHSC needs legislative approval to proceed with the settlement agreement.

 

CS withdrawn, HCR 78 left pending.

 

HB 1126 (Bell) – Relating to the civil liability of certain businesses in connection with allowing concealed handguns on the business premises.

  • Bell – HB 1126 address the liability of businesses allowing a person licensed to carry onto their premises. The bill ensures that a person with control over the premises of a building who allows that entry is not liable based solely on that permission.

 

Alice Tripp, Texas State Rifle Association

  • For the bill.
  • Bill encourages businesses to not post the 30.06 and 30.07 sign by ensuring liability is not influenced by those signs.
  • Leach – Do you happen to know how this bill differs from Rep. Springer’s bill?
    • I believe it is the same bill, HB 606.

 

Rachel Malone, Gun Owners of America

  • For the bill.
  • Businesses believe they have liability if they fail to post the 30.06 and 30.07 signs. This bill would relieve that fear.
  • Leach – Does this bill apply whether you post the sign or not, or only when the sign is posted?
    • If they do not post the sign, this bill ensures that businesses are not liable because they failed to prohibit carry.

 

Alexei Swersky, self

  • For the bill.
  • Bill protects businesses from liability while allowing people to carry handguns.

 

Rick Briscoe, Open Carry Texas

  • For the bill.
  • Merchants have been pressured by insurers to post sings to protect from litigation. This bill would relieve that pressure.

 

Craig Schabel, self

  • For the bill.

 

HB 1126 left pending.

 

HB 3848 (Longoria) – Relating to adoption of the Electronic Wills Act.

  • Wray – Purpose of the bill is to bring Texas trust and estate law up to speed with modern day technology. The Electronic Wills Act allows Texans to sign their wills electronically.

 

Christina Howard, Legalzoom.com

  • For the bill.
  • Electronic signatures are safe, secure, and less likely to be forged.
  • Electronic will legislation has passed in three states and been introduced in several others.
  • Bill facilitates electronic will signatures, it does not mandate them.

 

Craig Hopper, self

  • Against the bill.
  • It is premature for Texas to embark upon such major legislation that does not have a perfect fit within the Texas estates code yet.
  • It is inevitable that we will have e-wills, but it is just not time yet. First, we need to have a uniform law finished.
  • Leach – Do we know when the time will be?
    • Once the uniform law commission can finalize what finally works, we can plug that into Texas law. This will hopefully be done by next session or the one after that.
  • White – If this bill were to pass, what happens that is bad?
    • There could be litigation about validity. One of the biggest concerns, however, is how it will fit in with the court system.
  • Farrar – How do you know that the person signing the will is actually that person?
    • That is one of the biggest concerns, to make sure we have that verification.
    • Howard, Legalzoom.com – With more people having wills, I would think that it would save legal resources. There is no way to mess up when you are using an online platform. The system captures an audit trial with IP addresses, date, and time.

 

HB 3848 left pending.

 

HB 2803 (Murr) – Relating to associate judges for guardianship proceedings and protective services proceedings in certain courts.

  • Murr – HB 2803 would establish a system of regional guardianship courts with associate judges and staff. This system would be modeled after the child protection courts.

 

HB 2803 left pending.

 

HB 4476 (Davis, Yvonne) – Relating to civil liability for abuse or exploration of an elderly person or person with a disability.

  • Davis – Bill seeks to create protections that compensate and deter the abuse that an elderly person or person with disability experiences.

 

John Woodley, Disability Access

  • For the bill.
  • Civil liability should be an option that allows people to recover damages.

 

Joey Gidseg, Texas Democrats with Disabilities

  • For the bill.
  • This is a civil rights bill for the elderly and people with disabilities.

 

Ware Wendell, Texas Watch

  • For the bill.
  • This bill is talking about abuse such as assault, depravation, sexual exploitation, and neglect.
  • Smith – My mind immediately went to financial exploitation; I did not think about the physical abuse.
  • Leach – We are voting this bill out tomorrow in a formal meeting.

 

HB 4476 left pending.

 

HB 2583 (Leach) – Relating to the calculation of costs in interagency contracts between certain state agencies and the State Office of Administrative Hearings.

  • Leach – HB 2583 would align the Government Code and the General Appropriations Act with the IAC statute; and, would require SOAH’s costs for IACs with CPA, TCEQ, and PUC to be set in accordance with the statute.

 

HB 2583 left pending.