Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB1890 by Fletcher (relating to voidability of contracts procured through barratry and civil liability arising from conduct constituting barratry.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would amend the Government Code by allowing an attorney’s client to bring an action to void certain contracts for legal services procured through barratry and recover fees, expenses and actual damages. The bill would also allow a person solicited by conduct constituting barratry, to file a civil action to recover certain penalties, fees, and actual damages. The bill would amend the Government Code by allowing a lawyer to recover legal fees or expenses relating to certain voided contracts procured through barratry, based on quantum meruit. The bill would take effect September 1, 2011.
The Court of Criminal Appeals anticipates no significant fiscal impact to the State from this bill. The Office of the Attorney General anticipates that any legal work resulting from the passage of this bill could be reasonably absorbed with current resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
211 Court of Criminal Appeals, 302 Office of the Attorney General