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Revised and Less Controversial Loser-Pays Bill Approved by Texas Legislature

Posted May 27, 2011 9:22 AM CDT
By Debra Cassens Weiss

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Texas lawmakers have approved a bill requiring civil plaintiffs to pay the attorney fees of their opponents after a meritless lawsuit is dismissed.

The compromise bill is less controversial than the original loser-pays proposal, the Dallas Morning News reports. After the House approved the revised bill on Wednesday evening, three more signatures are needed to enact the bill—from the House speaker, the lieutenant governor and the governor, according to Texas Lawyer’s Tex Parte Blog.

The bill makes it easier to get a lawsuit dismissed, according to the Postcards blog at Statesman.com. It authorizes courts to dismiss suits without a legal basis before hearing evidence, and would require courts to award attorney fees to the prevailing party. The government would be exempted from the loser-pays provision, Texas Lawyer reported in an earlier story.

Prior coverage:

ABAJournal.com: “Texas Bill Requiring Loser-Pays Rule in Lawsuits Is Drafted with Push from Governor”

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