Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board
IN RE:
HB4123 by Johnson, Jarvis (Relating to the amendment of an original petition in an action on a sworn account.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practices and Remedies Code to provide that a plaintiff is not required to amend an original petition in an action on a sworn account to reflect a payment on the account made after the petition is filed unless the total amount of all payments made after the petition is filed equals or exceeds 50 percent of the amount claimed in the petition. The bill would prohibit the Texas Supreme Court from amending or adopting rules in conflict with this new provision. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished using existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council