In Chambers, Fall 2017

In Chambers | Fall 2017 9 LEGI SLATIVE UPDATE Reprinted from T ex . J ud . C ouncil ,T ex . O ff . of C t A dmin ., 85 th L egislative U pdate (2017). Only select legislation has been included.To see full list of bills passed during 85th Legislative Session, visit: Civil Law and Procedure HB 1066 —Effective 6/15/17 (applies to any judgment, regardless of date rendered). Eliminates a requirement that a judgment creditor must show the debtor’s property cannot be attached or levied by ordinary legal process to seek injunctive relief or other judicial assistance in reaching that property to satisfy the judgment. See C iv . P rac . & R em . C ode § 31.002(a). HB 1463 —Effective 9/1/17 (applicability to pending claims is unclear). Revises pro- cedures governing certain disability discrimination claims brought under section 121.003 of the Human Resources Code, requiring the claimant to provide written notice of the alleged violations at least 60 days before making a settlement demand or filing suit.Allows respondent to avoid liability by correcting the alleged violations during that time. See H um . R es . C ode § 121.0041. HB 1774 —Effective 9/1/17 (applicability to pending claims and suits varies). Revises procedures governing first-party insurance claims arising from loss of or damage to property, requiring 60-day pre-suit notice of any possible claims. Changes the method for calculating the attorney’s fees recoverable by a claimant, making fee re- covery a function of the alleged damages and the damages awarded by the factfinder. Prohibits recovery of any attorney’s fees if the claimant fails to provide the required pre-suit notice, if the claimant’s legal representation results from barratry, or if the damages awarded are less than 20% of the damages alleged. Limits personal liability of insurance agents by allowing the insurer to accept liability for the acts or omis- sions of its agents. See I ns . C ode ch. 542A. HB 3107 —Effective 9/1/17 (applies to requests received on or after that date). Revises provisions governing public information requests, clarifying response time- lines and circumstances under which requests may be considered withdrawn or combined. Provides that requests need not be completed if a previous request by the same requestor remains unpaid and has not been withdrawn.Allows a requestor to file a complaint with the Attorney General if the requester has filed a complaint with the district or county attorney and the district or county attorney has not brought an action. See G ov ’ t C ode §§ 552.221, 552.261, 552.275, 552.3215. SB 807 —Effective 9/1/17 (applies to contracts executed on or after that date). Amends chapter 272 of the Business and Commerce Code, which renders voidable certain venue and choice-oflaw contract provisions, to make the chapter applicable to any construction contract concerning real property located in Texas and to cer- tain collateral contracts; outlines circumstances to which the chapter does not apply. See B us . & C om . C ode § 272.001-002. SB 944 —Effective 6/1/17 (applies to all suits involving foreign judgments, regard- less of date). Adopts the Uniform Foreign-Country Money Judgments Recognition Act to establish procedures for the recognition, interpretation, and enforcement of judgments rendered by the courts and tribunals of foreign nations. See C iv . P rac . & R em . C ode ch. 36A.