Bill: HB 744, 85(R) - 2017
Committee
House Criminal Jurisprudence
Vote Recommendation
| Vote Recommendation |
Economic Freedom |
Property Rights |
Personal Responsibility |
Limited Government |
Individual Liberty |
| Yes |
Neutral |
Positive |
Positive |
Neutral |
Neutral |
Author(s)
Jessica Farrar
Bill Caption
Relating to recovery of attorney’s fees in certain civil cases.
Fiscal Notes
No significant fiscal implication to the State is anticipated.
Bill Analysis
Under current law, a person in a civil case may recover reasonable attorney’s fees from an individual, or a corporation. If this bill passes, any “other legal entity”, such as limited liability corporations and limited liability partnerships, would be added to the list of entities from which one may recover attorney’s fees. In addition, this bill specifies that this section does not authorize the recovery of attorney’s fees from the state, an agency or institution of the state, nor a political subdivision of the state.
Vote Recommendation Notes
Although not explicitly excluded, current statute has been interpreted to exclude LLCs and LLPs from having to pay reasonable attorney's fees if they lose a civil case. They essentially benefit from a loophole in the interpretation of the law. HB 744 enhances our personal responsibility principle by closing that loophole. Our private property principle is also uplifted by allowing the successful party to recover reasonable attorney's fees. For these reasons we support HB 744.
Organizations Opposed
Associated Builders and Contractors of Texas
Texas Construction Association
