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SB 1603 by Hughes/Smithee signed by the Governor
Signed by Governor 5/24/23, effective on 9/1/23 This was a TCJL Priority Issue for the 88th Session. Permissive Appeals HB 1561 by Smithee (R-Amarillo)/SB 1603 by Hughes (R-Tyler): Amends § 51.014, CPRC, to require a court of appeals to state the specific reason...
SCOTX Reverses TCPA Dismissal in Legal Malpractice Case
The Texas Supreme Court has reversed a Tyler Court of Appeals opinion dismissing a legal malpractice claim under the Texas Citizens Participation Act (TCPA). USA Lending Group, Inc. v. Winstead PC and James Ruiz (No. 21-0437; delivered May 19, 2023) arose from an...
Important Legislative Deadlines
88th Legislature Regular Session Deadlines for Action Under House and Senate Rules Highlights Monday, May 8, 2023 Last day for House committees to report HBs/HJRs Tuesday, May 9, 2023 Last House daily calendar with HBs/HJRs must be distributed Thursday, May 11,...
SCOTX Rejects Tax Ferret Contract Between ISD and Attorney
In a decision with important implications for taxpayers, the Texas Supreme Court has reversed an El Paso Court of Appeals decision permitting a school district’s appeal of an ARB denial of the district’s challenge of the valuation of certain mineral interests to go...
Amarillo Court of Appeals Holds That Non-Operating Working Interest in Oil-and-Gas Lease May Be Adversely Possessed
Over a dissent, the Amarillo Court of Appeals has ruled that title to a non-operating working interest in a mineral lease may pass by adverse possession. PBEX II, LLC; PBEX Operations, LLC; PBEX Operating, LTD; Word B. Wilson Investments, LP; Primero Energy, LLC;...
Dallas Court of Appeals Rules for Insurer in Attorney’s Fees Case Under 2017 Hailstorm Legislation
In an important decision interpreting Chapter 542A, Insurance Code, enacted by the Legislature in 2017 to curb abuses in claims for property damage arising from hail, wind, or rainstorms, the Dallas Court of Appeals has held that an insurer that pays the amount of...
TCJL Legislative Tracking Report 5-19-23
TCJL Tracked Bill List May 19, 2023 May 20 is the last day for House committees to report Senate bills and joint resolutions. May 21 is the last day for distribution of a House daily calendar with Senate bills and joint resolutions (by 10 p.m.). May 23 is the last...
San Antonio Court of Appeals Sides with Landowner in Tort Claims Act Case Against a County Commissioner
Jim Wells County Commissioner Rene Chapa ordered a work crew to cut down dozens of trees along County Road 352. The crew entered the property of the Perez Ranch to execute their orders and cut down trees located entirely on ranch property, as well as on the public...
Substitute for HB 5 Laid Out in Senate Committee
At this morning’s Senate Business & Commerce Committee hearing on HB 5, the new school tax incentive program, Chairman Schwertner laid out a substitute that makes substantial changes to the version that passed the House. As we only received a copy of the...
Austin Court of Appeals Sides with Comptroller in Franchise Tax Refund Case
The Austin Court of Appeals has upheld the comptroller’s denial of a franchise tax refund in a case involving the calculation of “total revenue” for purposes of the tax. Appellants, Hibernia Energy LLC; and Ryan, LLC, as Assignee//Cross Appellants, Glenn Hegar,...
Fort Worth Court of Appeals Reverses Dismissal of Health Care Liability Claim
The Fort Worth Court of Appeals has reversed a Denton County trial court’s dismissal of a health care liability claim based on the adequacy of plaintiff’s expert reports. Lucia Nazarian, Individually, and as Proposed Administrator of the Estate of Kevork Nazarian...
Houston [1st] Court of Appeals Upholds Discovery Order Compelling NRG’s Former Chief Operating Officer to Give Deposition in Louisiana Case
In a very instructive analysis of the apex-deposition rule, the Houston [1st] Court of Appeals has affirmed a trial court order compelling the former COO of NRG Energy, Inc. to give a deposition pursuant to a letter rogatory from Louisiana court. In re Mauricio...