BILL ANALYSIS

 

 

 

H.B. 2083

By: Smithee

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

There are concerns that the transfer of certain civil cases by the judicial panel on multidistrict litigation may lead to their suspension and impede efforts by the attorney general's office to address and enjoin ongoing violations, specifically with regard to Medicaid fraud and deceptive trade practices. H.B. 2083 seeks to address these concerns by prohibiting the transfer of such cases by the judicial panel on multidistrict litigation.  

 

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. 2083 amends the Government Code to prohibit the judicial panel on multidistrict litigation from transferring an action brought for Medicaid fraud or for deceptive trade practices, except for an action specifically authorized by Business & Commerce Code provisions relating to consumer relief from deceptive trade practices. The bill prohibits the Supreme Court of Texas from amending or adopting rules in conflict with the bill's provisions. The bill applies to an action commenced on or after the bill's effective date, or pending on that date, and for which the trial or any new trial or retrial following a motion, appeal, or otherwise begins on or after that date.   

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2019.