Karl Bayer's Disputing Blog

Texas 83rd Legislative Session Begins

By Victoria VanBuren - January 14, 2013

The 83rd Texas Legislative Session began on Tuesday, January 8, 2013. You may monitor bills as they move through the Texas Legislature here. Additionally, you may view individually filed House and Senate bills. The last day of the Regular Texas Legislative Session will be May 27, 2013. An 83rd Texas Legislature “Dates of Interest” calendar is available here. Stay tuned to Disputing for updates regarding legislative bills affecting ADR

GUEST-POST | Texas “Loser Pays” Rules May Exclude Mediation in Some Small Cases But Overall Impact Muted

By Victoria VanBuren - March 5, 2012

By Mike Schless and Don Philbin The “Loser Pays” Legislation that passed the 82nd Legislature and became effective September 1, 2011 did not contain the highly controversial loser pay provision of earlier drafts, but did direct the Texas Supreme Court to adopt rule revisions, one of which could impact ADR practice in smaller cases. Among other things, HB 274 required the Supreme Court to adopt rules to promote the “prompt, efficient, and cost-eff

Texas Arbitration and Mediation Legislative Update | July 28, 2011

By Victoria VanBuren - July 28, 2011

In addition to the bills discussed in our last post, the 82nd Texas legislature also passed H.B. No. 1951, relating to the continuation and operation of the Texas Department of Insurance; Bill Status; Analysis. Part of the bill is provided below. SECTION 1.003. Subchapter B, Chapter 36, Insurance Code, is amended by adding Section 36.110 to read as follows: Sec. 36.110. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY. (a) The comm

Texas Arbitration and Mediation Legislative Update | July 2011

By Holly Hayes - July 7, 2011

The following bills relating to alternative dispute resolution and health care were introduced by the 82nd Texas legislative session. The last day of the regular session was Monday, May 30, 2011. Click on the bill number to read its text and on the status link to find the bill’s legislative history. I. ADR Bills that Passed SB 1216 provides that a court “may order arbitration only if the court determines that the contract containing the agr

Tort Reform in Texas: Loser Pays Bill Signed into Law

By Holly Hayes - June 28, 2011

Texas Governor Rick Perry recently signed into law HB 274. The bill’s history is here and the HRO analysis is here. The bill is effective September 1, 2011 and directs the Supreme Court of Texas to create rules for the early dismissal of “causes of action that have no basis in law or fact on motion and without evidence.” The bill also allows trial courts to award attorney’s fees to a prevailing party on the court’s granting or d

Texas Regular Legislative Session Ends, Special Session Begins

By Victoria VanBuren - June 9, 2011

The 82nd regular session of the Texas Legislature adjourned on May 30, 2011. More than 1,500 bills and resolutions have been sent to Governor Rick Perry. The Governor has until June 19th to sign, veto, or let the bills become law without a signature. Find the ADR bills filed during this session here. Governor Perry has already called for a special session starting on May 31st, the session is limited to: Legislation relating to fiscal matters nece

Texas Arbitration and Mediation Legislative Update | May, 2011

By Holly Hayes - May 23, 2011

The following bills relating to alternative dispute resolution were introduced by the 82nd Texas legislative session. The last day of the regular session will be Monday, May 30, 2011. Click on the bill number to read its text and on the status link to find the bill’s legislative history. Stay tuned to Disputing for more legislative updates! SB 1216 provides that a court “may order arbitration only if the court determines that the contract c

Texas Senate Passes Collaborative Healthcare Bill

By Beth Graham - April 20, 2011

Yesterday, the Texas Senate passed a bill which seeks to establish a Texas Institute of Health Care Quality and Efficiency. Senate Bill 8 was authored by State Senator Jane Nelson and filed on February 16, 2011. The bill was referred to the Senate Committee on Health and Human Services the next day and a public hearing was held on March 29th. SB 8 seeks “to improve health care quality, accountability, and cost containment in this state by encoura

Public Hearing Held on Texas Collaborative Healthcare Bill

By Holly Hayes - March 30, 2011

A public hearing was held yesterday on a collaborative healthcare bill currently before the 82nd Texas Legislature which would establish a Texas Institute of Health Care Quality and Efficiency. SB 8, which seeks “to improve health care quality, accountability, and cost containment in this state by encouraging health care provider collaboration, effective health care delivery models, and coordination of health care services,” was referred to the H

Collaborative Healthcare Bill Before the Texas Legislature

By Holly Hayes - March 2, 2011

A bill seeking to establish a Texas Institute of Health Care Quality and Efficiency is currently before the Texas Legislature. Senate Bill 8 was authored by Senator Nelson and filed on February 16, 2011. It seeks “to improve health care quality, accountability, and cost containment in this state by encouraging health care provider collaboration, effective health care delivery models, and coordination of health care services.” The bill was referre