Texas Association of Business

Through the passage of ground-breaking tort reform legislation over the past decade that addressed medical malpractice, venue shopping, asbestos lawsuit abuse, and other legal inequities, TAB helped bring balance to the Texas civil justice system. As a result, the Texas economy is thriving and more Fortune 500 companies call Texas home than any other state in the nation.

While most of the nation is in recession, the Texas economic machine is still in full gear, with employers creating new, good paying jobs for Texans every day. Although tort reform is only a piece of the puzzle for Texas to maintain a healthy economy, our continued success sends a message that Texas is open for business and more importantly, open to reform.

Although Texas has been called a shining example of what other states can do to reform their civil justice systems, we still have an uphill battle in maintaining our hard fought reforms and correcting additional burdens on the system.

According to a national ranking conducted by the U.S. Chamber Institute for Legal Reform (ILR), Texas ranks 41st among the states in 2008, up three places since 2007.

In another report, Texas moved up from eighteen to thirteen in Directorship magazine’s 2008 index of state litigation climates, meaning Texas has a liability climate that encourages growth and job creation.

The improved rankings are good news for employers and the Texas economy and the challenge is to increase our national rankings. TAB will continue to push the Texas Legislature to adopt additional reforms that will strengthen our economy and attract even more business to the Lone Star State, while encouraging established Texas businesses to expand operations.

TAB will pursue the following tort reform measures during the 2007 legislative session:

Alternative Dispute Resolution. Support legislation that creates mechanisms and incentives for the use of alternative dispute resolution.

Asbestos Litigation. Protect litigation reform for asbestos and other industrial particulates passed in previous sessions.

Civil Justice Reforms. Protect the comprehensive tort reform measures passed by the Texas Legislature that have gone a long way to building a fair, balanced civil justice system in Texas.

Extension of Exclusive Remedy. Support legislation that closes the loophole in Texas law that allows an injured worker to collect more for the same injury by suing both the employer and a parent or sister corporation of the employer.

Judicial Selection. Support legislation that creates a mechanism for the merit selection and non-partisan retention election of qualified jurists.

Jury Service. Support legislation to reform jury service requirements to streamline the process and encourage jury service.

Legal Ethics Reform. Support legislation to ensure that the process for disciplining lawyers is effective to prevent abuse.

Medical Malpractice.  Protect reforms enacted to address rising medical malpractice insurance costs.

Special Courts. Support legislation to allow the Texas Supreme Court to create special courts and/or assign cases to specific courts in matters requiring medical or technical expertise.

Statutes of Limitation. Oppose attempts to amend current law to extend statutes of limitations or timetables for filing a lawsuit.