BILL ANALYSIS

H.B. 2437

By: Murr

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been suggested that there is confusion regarding state law governing the recovery of attorney's fees in civil cases, because it has been reported that occasionally the losing party in a lawsuit has collected these fees. H.B. 2437 seeks to address this issue by clarifying that only the prevailing party has the ability to recover attorney's fees. 

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. 2437 amends the Civil Practice and Remedies Code to specify that the person who is the prevailing party is the person authorized to recover reasonable attorney's fees from an individual or corporation in a civil action involving an applicable type of claim.

EFFECTIVE DATE

September 1, 2019.