BILL ANALYSIS

 

 

 

H.B. 744

By: Farrar

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties are concerned that the types of entities from which a person may recover attorney's fees in connection with certain claims are too limited. H.B. 744 seeks to provide the authority for such recovery from any legal entity other than a governmental entity.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 744 amends the Civil Practice and Remedies Code to include another legal entity among the entities, which include an individual and a corporation, from which a person may recover reasonable attorney's fees in addition to the amount of a valid claim and costs under certain conditions. The bill specifies that this authorization does not authorize the recovery of attorney's fees from the state or from an agency, institution, or political subdivision of the state and expressly establishes that these provisions do not affect any other statute regarding the recovery of attorney's fees from the state or from an agency, institution, or political subdivision of the state.

 

EFFECTIVE DATE

 

September 1, 2017.