LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 80TH LEGISLATIVE REGULAR SESSION

April 23, 2007

TO:	Honorable Byron Cook, Chair, House Committee on Civil Practices
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB813 by Dutton (Relating to discovery procedures for a claim against a governmental entity under the Texas Tort Claims Act.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Civil Practices and Remedies Code relating to discovery procedures for a claim against a governmental entity under the Texas Tort Claims Act.  The bill would require the supreme court to adopt rules permitting a claimant to conduct discovery if the defendant (governmental agency) asserts a plea to the jurisdiction. 

The Office of Attorney General (OAG) indicates the bill would allow for discovery to be done prior to a ruling on a plea to the jurisdiction, and that currently, many courts do not require discovery before ruling on a plea to the jurisdiction.  The OAG indicates that the bill would increase the agency’s workload, but the cost of implementing bill provisions could be absorbed within the OAG’s existing resources; accordingly, no significant fiscal implication to the State is anticipated. 

The bill would take effect September 1, 2007.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 201 Supreme Court of Texas

LBB Staff:

JOB, MN, ZS, TB, KJG