Video & Transcript Research : 'Civil Code Article 1617'

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TX

Texas 89th 2nd C.S.

State Affairs Apr 25th, 2025

State Affairs

Transcript Highlights:
  • The bill authorizes the Office of the Attorney General to seek a $25,000 civil penalty for the first
  • violation and a $50,000 civil penalty for each subsequent violation.
  • This bill in no way targets, um, any woman who has an abortion with either civil or criminal penalties
  • Um, what this bill does is it essentially, um, gives the state of Texas long-arm civil long-arm jurisdiction
  • They are left without any options, and this bill is intended to provide the tools and the, the civil
TX

Texas 89th Regular

Border Security May 22nd, 2025

Border Security

Transcript Highlights:
  • from the Christmas ornament store. to the tree, and it's almost as if we're trying to take the penal code
  • Lastly, HB 214 amends the penal code to expand the offense of firearms smuggling to include the smuggling
  • very appropriate as the, as the House bill. 214 was originally filed, pretty much moved the penal code
  • Um, the penal code, of course, requires a, a, uh, uh, mens rea that is, is, uh, a mental state that's
  • Um, We have provisions in the penal code for uh organized criminal activity, enhancement for organized
Bills: HB 214
TX

Texas 89th Regular

Criminal Jurisprudence Mar 25th, 2025

Criminal Jurisprudence

Transcript Highlights:
  • Missing a point that we're just adding to this, to the code.
  • It amends Article 55 Alpha .005 of the Code of Criminal Procedure to allow individuals who receive deferred
  • I understand that there is a modification to the Civil Practices and Remedies Code, the civil remedy,
  • We're talking about, I think, the Civil Practice and Remedies Code. So that's confusing me, too.
  • I'm not terribly familiar with this part of the code, but I know that in the family violence code, there
TX

Texas 89th Regular

State Affairs Apr 25th, 2025

State Affairs

Transcript Highlights:
  • The bill authorizes the Office of the Attorney General to seek a $25,000 civil penalty for the first
  • violation and a $50,000 civil penalty for each subsequent violation.
  • This bill in no way targets any woman who has an abortion, either civil or criminal penalties.
  • What this bill does is it essentially gives the state of Texas long arm, civil long arm jurisdiction
  • This bill is intended to provide the tools and the civil resources to address a case where a woman is
TX

Texas 89th Regular

State Affairs Apr 25th, 2025

State Affairs

Transcript Highlights:
  • Section 171A, Civil Action for Distribution of Abortion. Abortion-inducing drugs, right?
  • And we see that this allows for two different types of civil liability: two new types of civil liability
  • This bill also has a civil penalty in there.
  • Who's going to bring that civil penalty and what court would that be filed in?
  • Flag Code. Which of the 27 versions is the correct one? Because under the U.S.
TX
Summary: The committee considered several House bills dealing with family law and civil procedure. House Bill 1916, concerning a court’s jurisdiction in suits to divide property not divided on dissolution of marriage, was reported favorably on a 4-0 vote and recommended for the local and uncontested calendar. House Bill 1973, addressing proof of the identity of a child’s parents in a suit affecting the parent-child relationship, was also adopted with a committee substitute, reported favorably 4-0, and sent to the local and uncontested calendar. House Bill 2524, on recovery of fees, court costs, and expenses in family law proceedings, and House Bill 2530, on special appointments in suits affecting the parent-child relationship, each received favorable 4-0 votes and were likewise recommended for the local and uncontested calendar. The committee then took up House Bill 3180, which was reported favorably 4-0 and recommended for the local and uncontested calendar. The most detailed discussion centered on House Bill 40, relating to updates to business courts. Senator Hughes explained a committee amendment that made conforming changes requested by the Finance Committee and removed language creating two new judgeships, replacing it with a different judge allocation. The amendment was adopted, the amended committee substitute was adopted, and the bill was reported favorably on a 4-0 vote and sent to the local and uncontested calendar. At the end of the meeting, members briefly clarified procedural details about the House Bill 40 amendment and then closed out the agenda. The committee also noted a correction to an earlier reference to Bartleby the Scrivener, and the Chair recessed the Committee on Jurisprudence subject to the call of the chair.
TX

Texas 89th Regular

Jurisprudence (Part I) May 21st, 2025

Jurisprudence

Transcript Highlights:
  • Is it 304.003 of the Finance Code? So that's not a fixed 7.5 percent, is it?” “That's correct, sir.
  • “House Bill 2524 simply renders the language regarding attorney's fees in the Family Code consistent.
  • This basically update to the code makes sure that all references to awards of attorney's fees be in..
  • The issue under 15-0-11 of our civil practice remedy code for 150 years is that a land suit should be
  • The issue under 15-0-11 of our civil practice remedy code for 150 years is a land suit should be brought
Summary: The committee heard several House bills, most of them relating to family law and court procedure, and left each bill pending after testimony. House Bill 1916 would clarify that the court that issued a final divorce decree retains exclusive jurisdiction over later actions involving undivided property. House Bill 1973 would require a certified birth certificate, if reasonably available, to be filed with a SAPCR petition or allow alternative proof of parentage while keeping the information confidential. House Bill 2530 would add qualifications and procedural safeguards for appointing amicus attorneys in SAPCR cases, including notice and hearing requirements, minimum qualifications, conflict rules, and limits on what amicus attorneys may do. House Bill 2524 would make Family Code references to attorney’s fees consistent by using “reasonable and necessary” language. House Bill 3180 would correct a scrivener’s error in the civil discovery rules by changing “settlement” to “statement.” The committee also heard House Bill 4213, which would change the interest rate on overdue child support from the current 6 percent simple interest to a fixed 5 percent and require the Attorney General to report on the impact of the change. Testimony was sharply divided: supporters argued lower interest could improve collections and help low-income obligors catch up, citing research and the size of child-support arrearages; opponents said lowering the rate would reduce incentives to pay and harm custodial parents and children. The Attorney General’s office raised implementation concerns about a House version that would have created a variable rate, while the committee substitute was described as restoring a simple fixed rate. After testimony, the bill was left pending. The committee also discussed House Bill 40, updating business court provisions and supplemental jurisdiction; House Bill 3421, streamlining probate procedures for original wills and copies; and House Bill 417, clarifying venue for lawsuits involving private transfer fees on real property. Each drew limited testimony and was left pending. Finally, House Bill 3783 drew extensive testimony on court-ordered counseling and reunification therapy in family cases. The sponsor and supporters said the bill would protect children and abuse victims from coercive, unregulated reunification practices, while opponents argued it was too broad, could interfere with legitimate therapy and judicial discretion, and might affect military families and other high-conflict cases. The committee heard testimony from judges, therapists, parents, survivors, and advocates, but took no final action and left the bill pending.
TX

Texas 89th Regular

Ways & Means Mar 24th, 2025

Ways & Means

Transcript Highlights:
  • It amends Article 8. of the Texas Constitution by adding Section 26, which explicitly bans the state
  • Their property tax exempt status under the Texas Tax Code.
  • Bill 2025 aims to correct this by clarifying and updating relevant provisions of the tax code.
  • The standard that applies to others in the tax code; we're simply adapting it to this purpose.
  • We believe Rio Concho and communities like it already should have that exemption under Texas Tax Code
TX
Transcript Highlights:
  • I'm here to address Senate Bill 1497, a one-sentence amendment to Article 18. 0.0215 of the Code of Criminal
  • procedure and penal code that we've already added in that will only target these.
  • It amends Chapter 38 of the Code of Criminal Procedure by adding Article 38. which provides definition
  • In these evidentiary rules, it also exists with several other offenses in our penal code.
  • I'm a policy attorney with the Texas Civil Rights Project.
TX

Texas 89th Regular

S/C on Family & Fiduciary Relationships Apr 22nd, 2025

S/C on Family & Fiduciary Relationships

Transcript Highlights:
  • What will be a basis in family code that will change a ton of things.
  • It changes one word, "shelter me," and it eliminates Section 8.064 of the Family Code.
  • that maternity may be established in the same way as paternity under the Family Code.
  • Or is that just... it's just a criminal thing versus a civil?
  • Ten jurors are going to have to decide that since it's a civil case.
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence Apr 23rd, 2025 at 10:04 am

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • Committee members, House Bill 3095 amends the Civil Practice and Remedies Code by adding Subchapter C
  • It's a separate doctrine, and that is in Chapter 125 of the Civil Practice and Remedies Code.
  • HB 1375 creates a new chapter in the Civil Practice and Remedies Code, allowing individuals who are harmed
  • HB. 1375 creates a new chapter in the civil practice and remedies code, allowing individuals who are
  • And that's how it relates to the penal code and creating civil liability, and I appreciate—I understand
Summary: The committee heard House Bill 4961, which would bar uninsured motorists from recovering non-economic damages after a collision. The author said the bill is intended to create incentives to maintain insurance and to address what he described as an unfair system for insured drivers. Texans for Lawsuit Reform and Texas Eagle Forum testified in support, while the Texas Trial Lawyers Association opposed it, warning the bill could also affect pedestrians, passengers, children, and others who did not choose whether a vehicle was insured. The bill author clarified that passengers would be included in the bill’s coverage. No vote was taken and the bill was left pending. House Bill 5570 would extend a legislative attorney CLE exemption to attorneys appointed by the governor and confirmed by the Senate to boards or commissions. The author said the measure is meant to ease time burdens and encourage service, and a witness supported it as a modest incentive for public service. A committee member noted a discrepancy in the number of affected attorneys, and the author agreed to verify the correct figure. The bill was left pending. The committee also heard House Bill 2969, which would restrict the State Bar from adopting rules or penalties that unreasonably burden attorneys’ religious exercise or free speech based on sincerely held beliefs. The author and several witnesses from Texas Values, Alliance Defending Freedom, and Cecilia Wood argued the bill protects lawyers of faith from an ABA model rule they described as a speech code. No one testified against the bill, and it was left pending. House Bill 4260, which would prohibit county judges and county commissioners from practicing law in courts over which they have jurisdiction, drew opposition from the County Judges and Commissioners Association, which argued existing ethics rules already address conflicts and that the bill would burden rural officials. The author said the bill was prompted by concerns about judges using their office to pressure others. The bill was left pending. House Bill 5134 would limit Rule 202 pre-suit depositions to people who have suffered or reasonably expect actual damages and would allow attorney’s fees against abusive petitioners. The author said the bill is aimed at preventing harassment and fishing expeditions, especially in family-law disputes. Questions focused on how the standard would work and how it differs from current law; the author said the main change is fee-shifting and a clearer legislative directive. The bill was left pending. House Bill 3095, a committee substitute version of a similar uninsured-motorist bill, would bar uninsured motorists from recovering non-economic damages and limit economic recovery, with several exceptions. Trial lawyers argued it was unconstitutional because it capped economic damages and could unfairly affect innocent drivers, pedestrians, and older people who no longer drive. The author acknowledged constitutional concerns and said the bill would need further work; the committee withdrew the substitute and left the bill pending. Finally, House Bill 4388 would require all judges, including county judges who perform administrative duties, to remain subject to the Code of Judicial Conduct. Supporters said some elected judges avoid accountability by relinquishing judicial functions, while opponents argued the bill is too rigid and unnecessary because existing remedies already exist. House Bill 3964 would limit public nuisance claims to their historical role and bar such claims against lawful conduct, conduct already covered by other remedies, and products. The author and supporters said the bill is meant to prevent courts from using public nuisance to make policy, while opponents argued it would eliminate useful remedies and could affect local actions against environmental or product-related harms. The author said the bill would not affect statutory nuisance claims, private nuisance claims, or other causes of action, and would be amended to clarify some provisions. The bill was left pending.
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence Apr 23rd, 2025 at 10:04 am

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • Committee members, House Bill 3095 amends the Civil Practice and Remedies Code by adding Subchapter C
  • ... ...amends the Civil Practice and Remedies Code by adding Subchapter C to 72, which stops uninsured
  • It's a separate doctrine, and that is in Chapter 125 of the Civil Practice and Remedies Code.
  • HB. 1375 creates a new chapter in the civil practice and remedies code, allowing individuals who are
  • Code would increase the risk of us having to close our store due to the cost of defending against civil
Summary: The committee heard testimony on several bills affecting civil practice, judicial conduct, and attorney regulation. HB 4961 and the similar HB 3095 would bar uninsured motorists from recovering non-economic damages after a collision, with HB 3095 also addressing certain exceptions and limiting economic damages in some cases. Supporters said the measures would encourage insurance coverage and fairness for insured drivers, while opponents argued they would unfairly punish injured people who were not responsible for the lack of insurance, including pedestrians, passengers, children, and others. HB 3095 drew constitutional concerns from witnesses, and the committee later withdrew the committee substitute and left the bill pending; HB 4961 was also left pending after questions about its scope, including passengers. HB 5570 would expand a continuing legal education exemption to attorneys appointed by the governor and confirmed by the Senate who serve on boards or commissions. The author and witness said the bill would free up time for public service while still requiring ethics training. A committee member raised a discrepancy in the number of attorneys covered, and the bill was left pending. HB 2969 would prohibit the State Bar from adopting rules or penalties that unreasonably burden attorneys’ religious exercise or free speech, especially in relation to sincerely held religious beliefs. Supporters framed it as a protection for lawyers of faith against an ABA-style speech code, while no one testified in opposition; the bill was left pending. HB 4260 would prohibit county judges and county commissioners from practicing law in courts over which they have jurisdiction. The author described it as an ethics measure to avoid conflicts of interest, but county officials and the County Judges and Commissioners Association opposed it, saying existing ethics rules already address conflicts and that the bill would impose hardships, especially in rural counties. The bill was left pending. HB 4388 would require all judges, including those who serve only in administrative roles, to remain subject to the Code of Judicial Conduct; supporters said some judges avoid discipline by relinquishing judicial functions, while opponents said the bill was unnecessary and could burden county judges who serve as administrators. It was also left pending. The committee also heard HB 5134, which would limit Rule 202 pre-suit depositions to people who have suffered or reasonably expect to suffer actual damages and allow attorney’s fees against abusive petitioners. The author said the bill would curb harassment and fishing expeditions, but members questioned how the standard would work in practice; the bill was left pending. Finally, HB 3964 would narrow common-law public nuisance claims by barring suits over lawful conduct, conduct already addressed by other remedies, and products, while preserving other causes of action. Supporters said the bill would prevent regulation through litigation and protect legislative authority; opponents said it would eliminate important remedies and that no Texas abuse had been shown. The author indicated he would revise the bill, and it was left pending.
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence Apr 23rd, 2025

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • However, the Civil Practices and Remedies Code creates an inconsistency with this statute, only allowing
  • House Bill 4202 corrects this inconsistency by changing the Civil Practices and Remedies Code to allow
  • This will ensure that the Civil Practices and Remedies Code mirrors the Texas Administrative Code, reducing
  • I tell them about the Texas Administrative Code, and they come back and tell me about the Civil Practices
  • The underlying statute, Texas Civil Practice and Remedies Code section... 1.02 was enacted in 1979.
TX
Transcript Highlights:
  • The bill references 304.003 of the finance code, so that's not a fixed 7.5 percent, is it?
  • Renders the language regarding attorney's fees in the family code consistent.
  • rules of civil procedure to match what was intended originally.
  • The issue under Section 150.011 of our civil practice and remedy code...
  • The code already defines all the different levels of abuse: psychological, emotional, because of all
TX

Texas 89th Regular

Transportation (Part II) Apr 9th, 2025

Transportation

Transcript Highlights:
  • the request of the state auditor's office of the attorney general cell file the suit to collect a civil
  • It reads: notwithstanding any other law, a county for which a civil penalty is imposed under subsection
  • county's no-new-revenue tax rate or voter-approval tax rate, as determined under Section 26.04, Tax Code
  • The first bill we heard this morning on the civil liability and the tort reform, we're going to leave
  • In the General Code of Operating Rules, which are the railroad's operating rules, it states that the
Summary: The Senate Transportation Committee reconvened on SB 2722, as substituted by Senator Bettencourt, which would redirect a portion of Harris County Toll Road Authority surplus revenues to the City of Houston and impose audit and tax-rate penalty provisions. Houston Police Chief Noe Diaz and Fire Chief Thomas Munoz testified in support, arguing that Houston bears a large share of toll-road public safety burdens, citing thousands of police and fire responses on toll-road property and the need for compensation for emergency services. Bill King, testifying neutrally, said the toll authority generates large excess revenues and urged stronger oversight and clearer controls on how the money is spent. Opponents, including Harris County officials, business and neighborhood representatives, and toll-road critics, argued the bill would divert transportation dollars, create a precedent for taking toll revenues for general municipal use, and could worsen project delivery and incentives; several also questioned the accuracy and interpretation of the revenue figures and the lack of comparable audit requirements for the city. The committee took extensive testimony but left SB 2722 pending without a vote. The committee then heard SB 2129, which would increase fines for motorists who disregard railroad crossing gates or flaggers, and SB 2323, which would redact railroad crew members’ personal information from public accident reports. Both bills were presented as safety measures, with railroad labor testimony in support, and both were left pending after brief public testimony. The committee also heard SB 2141, a Zaffirini bill concerning specialty license plates for judges, with the substitute aimed at reducing security risks by changing how judges are identified on plates; it too was left pending. Finally, the committee heard SB 2439, another Zaffirini bill, described as a TDLR cleanup measure related to ATV and off-highway vehicle safety certification. The bill would abolish the current training and certification program, which supporters said was burdensome and underused given the small number of approved instructors statewide. With no significant opposition on the record, the committee closed testimony and left SB 2439 pending as well.