BY CHAMBERLAIN McHANEY
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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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. |
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REMARKS: |
We aren’t
kiddin’. |
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Bill
History: |
11-10-04 H Filed |
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Relating to the enforcement
of certain provisions in construction
contracts. |
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Bill
History: |
01-19-05 H Filed |
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Relating to procedures
relating to the doctrine of forum non conveniens in a civil cause of
act. |
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Companions: |
SB
294 (I) |
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Bill
History: |
02-02-05 H
Filed |
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Relating to the salary of a
district judge presiding over multidistrict
litigation. |
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Remarks: |
JUDICIAL COMPENSATION - This
proposal would pay an MDL judge the same salary as a local administrative
judge. |
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Bill
History: |
02-03-05 H Filed |
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Relating to the liability of
in-home service companies and residential delivery companies for negligent
hiring. |
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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.
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Bill
History: |
02-04-05 H Filed |
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Relating to interest rates,
usury, consumer protections, commercial and consumer lending, licensing of
mortgage brokers, savings bank charters, and the regulation of
lenders. |
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Bill
History: |
02-09-05 H Filed |
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Relating to resolution of
disputes arising under certain construction
contracts. |
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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.
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Bill
History: |
02-09-05 H Filed |
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Relating to the compensation of state judges. |
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Companions: |
SB 368 (I) |
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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. |
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Bill History: |
02-10-05 H Filed |
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Relating to the composition of certain courts of
appeals districts and to the assignment and transfer of cases in certain
courts of appeals districts. |
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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. |
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Bill History: |
02-14-05 H Filed |
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Relating to interlocutory appeals. |
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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. |
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Bill History: |
02-15-05 H Filed |
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Relating to the compensation of state
judges. |
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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. |
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Bill History: |
02-16-05 H Filed |
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Relating to the salaries of state
judges. |
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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,
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Bill History: |
02-16-05 H Filed |
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Relating to enforcement of certain insurance
provisions in construction contracts. |
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Remarks: |
INDEMNITY/ADDITIONAL INSURED - This bill voids
additional insured requirements in construction contracts.
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Bill History: |
02-16-05 H Filed |
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Relating to binding arbitration clauses in certain
residential construction contracts. |
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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.
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Bill History: |
02-16-05 H Filed |
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Relating to the continuation and operation of the
worker's compensation system and the Department of Workers'
Compensation. |
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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. |
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Bill History: |
01-13-05 S Filed |
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Relating to procedures relating to the doctrine of
forum non conviens in a civil cause of action. |
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Companions: |
HB 755 (I) |
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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. |
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Bill History: |
01-27-05 S Filed |
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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. |
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Companions: |
HB 1001 (I) |
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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. |
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Bill History: |
02-07-05 S Filed |
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Relating to indemnification provisions in
construction contracts. |
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Bill History: |
02-10-05 S Filed |
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Relating to permissive interlocutory appeals in civil
actions. |
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Companions: |
HB 1294 (I) |
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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. |
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Bill History: |
02-14-05 S Filed |
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Relating to making the award of an arbitration an
open record. |
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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. |
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Bill History: |
02-14-05 S Filed |
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Relating to the filing of certain information by
arbitrators after each arbitration. |
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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. |
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Bill History: |
02-14-05 S Filed |
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Relating to registration of arbitrators and
arbitration services providers with the secretary of
state. |
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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. |
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Bill History: |
02-14-05 S Filed |
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Relating to appointments to fill vacancies in certain
judicial offices and for nonpartisan retention elections for those
offices. |
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Remarks: |
JUDICIAL SELECTION - This proposed constitution
amendment would provide for the appointment of appellate and district
judges and their retention in nonpartisan retention elections.
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Bill History: |
02-16-05 S Filed |
DAVID E. CHAMBERLAIN
CHAMBERLAIN McHANEY
512.474.9124
Visit us at www.chmc-law.com