Republican lawmakers introduce legislation requiring plantiffs to pay defendants' attorney fees in frivolous lawsuits

Fielding the re-endorsement of Texans for Lawsuit Reform in September, Gov. Rick Perry took the occasion to call for a four-pronged attack on what he described as frivolous lawsuits.

"Texans and Texas employers are still hit with frivolous lawsuits that cost thousands or even millions of dollars in legal fees to defend,” he said in a Sept. 15 press release. "It is time to introduce a higher degree of balance and accountability into our legal system.”

Perry proposed a "four-point approach that will limit unfounded claims and bring greater accountability and efficiency to our judicial system.” We're tracking each point as an individual promise. (See the others here, here and here.)

Here's the first:  "If a court determines that a lawsuit is groundless or a jury determines a suit is frivolous, then the plaintiff should be required to pay the defendant's attorneys' fees.”

On March 14, Perry revisited his call to reform the state's legal system, this time flanked by state Rep. Brandon Creighton and state Sen. Joan Huffman, Republicans sponsoring legislation "designed to guard against frivolous civil litigation in Texas by curbing needless and abusive law suits,” Huffman said in a press release issued that day.

"Loser pays will effectively combat the problem of plaintiffs' lawyers filing questionable lawsuits and rolling the dice with jury and judge in hope striking it rich," Perry said in a speech. "Those lawsuits can grind almost any business to a halt as owners are forced to deal with mounting legal fees and court costs, even if they've done nothing wrong.”

SB 13, which was referred to the Senate Committee on State Affairs on March 14, amends the Civil Practice and Remedies Code so that the prevailing party of a lawsuit can recover attorney fees from an individual, corporation or other legal entity if the claim is for defamation. Under the current law, a person can recover attorney fees only if the claim is for rendered services, performed labor, furnished material, freight or express overcharges, lost or damage freight or express, killed or injured stock, a sworn account, or an oral or written contract.

We rate this promise In the Works.