We want to thank those of you who commented on our blog earlier. H.B. 274, which until very recently, contained provisions that would punish a Texas Lawyer who files a pleading that a jury determines to be an “abusive civil action.” Fortunately, the Judiciary & Civil Jurisprudence Committee and the Texas House have removed that provision. We hope it will not reappear in the Senate, and we remain cautious about some of the other “loser pays” remnants of H.B. 274.
This is a volatile period for H.B. 274, as many changes have been made. We are working as quickly as possible to address those changes, but naturally, responding to these changes take time. Currently, some of the core principles of H.B. 274 remain. In particular, the current bill delegates to the Texas Supreme Court the duty to enact rules to quickly and efficiently resolve civil claims. The bill also contains a provision that would eliminate implied causes of action unless unambigiously indicated by statue.
Fortunately, however, the portion of the law that would punish a Texas Lawyer for filing an abusive civil action has, for now, been removed. The Texas Disciplinary Rules of Professional Conduct already deter attorneys from filing frivolous pleadings, so the “abusive civil action” provision was not only harsh but unnecessary.
Although we are relieved, there are no doubt future developments that will occur, and we will act as promptly as possible to cover them as they become available.
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