Reduces the amount of civil penalties the attorney general may seek to recover under the Deceptive Trade Practices-Consumer Protection Act from $20,000 per violation to $10,000 per violation.

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Provides that, in any action governed by the laws of Texas concerning rights and obligations under the law, the American Law Institute’s Restatements of the Law are not controlling.

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Reigns in the rampant mass-litigation model used by plaintiff attorneys against insurers after severe weather events occur in Texas.

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Provides a $100,000 limit for specified cases of governmental liability.

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Repealed statute forbidding any evidence of lack of seat belt use in auto accident cases.

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Broadened definition of school employees entitled to immunity for actions involving the exercise of discretion in the course and scope of employment.  Required the exhaustion of school district administrative remedies prior to suit. Mandated payment of attorney fees and costs by plaintiff suing person subject to immunity. Provided that immunity does not extend to use of excessive force in discipline or negligence   that results in personal injury to a student.

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Provided for the creation of a multi-district panel which can   consolidate any cases with common issues of fact in a single district court for pre-trial proceedings, including disposition short of trial.

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Provided that government employees acting in course of employment cannot be subject to more than $100,000 in damages if they are indemnified or insured by the governmental entity for the first $100,000.

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Provided that volunteer workers for charitable organizations are immune from suit except for intentional torts and gross negligence.

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Provided that volunteer fire and EMT personnel are liable only to the extent county employees are liable.

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Provided that provisions may only be initiated by defendant, but once initiated, plaintiff may invoke them as well.  Provided that if a defendant makes an offer that is rejected, and the plaintiff does not obtain a judgment for at least 80% of the amount, the plaintiff must pay attorney fees and costs incurred after rejection.  Provided that if a plaintiff makes an offer that is rejected, and the judgment exceeds 120% of the amount, the defendant must pay attorney fees and costs incurred after rejection.  Provided that the amount of fees and costs shifted cannot exceed the sum of noneconomic damages, punitive damages, and 50% of economic damages.

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Provided that if a company with liability for mining or sale of asbestos-containing products was merged or acquired by a successor prior to May 13, 1968, the limit of the successor company’s liability for asbestos claims as a result ofthe acquisition is limited to the FMV of the acquired company at the time of acquisition.  The limitation applies to “successors of successors,” based on the FMV of the initially acquired company at the time of the initial acquisition.

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Established medical criteria for all pending and future asbestos claims, including a requirement that all claimants submit a qualifying medical report with a pulmonary function test that demonstrates physical impairment.  Provided that all pending asbestos claims that have not been scheduled for trial within 90 days afterthe effective date, except for cases involving cancer, are subject to the multi- district litigation court process.  Assured that the most seriously ill—those suffering from mesothelioma or other malignancy caused exposure to asbestos or silica—will receive expedited trials and adequate compensation for their injuries.  Required that each asbestos case be tried on its own merits, not as a “bundle” of claims that may include a few truly sick claimants and dozens of unimpaired claimants.  Shut down the “mass screening” of potential asbestos and silica claimants that has resulted in tens of thousands of unimpaired asbestos claims in the courts.

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Provides that a client may bring an action to void any contract for legal services that was procured as a result of barratry by attorneys or other persons.  The client is entitled to receive all fees and damages paid to that person under any voided contract, actual damages caused by the prohibited conduct and reasonable attorney’s fees and the attorney at fault shall pay a civil penalty of $5,000.

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Codifies traditional common law rules with respect to the duty a landowner owes to a trespasser and prevent courts from adopting the new radical standard recommended in the Restatement of Torts (third).  In Texas, landowners currently do not owe a duty of care to trespassers and are not liable for their injuries.  There are certain exceptions, but these are narrow in scope and well defined.  Specifically, S.B. 1160: (1) defines a trespasser; (2) codifies the existing rule that land possessors owe no duty of care to trespassers; (3) provides well-recognized exceptions to the general rule; (4) provides that a child who is at least 14 years of age appreciates the risk of a highly dangerous artificial condition on land; (5) makes clear that the use of justifiable force to repel an intruder, as permitted under the Penal Code, will not result in civil liability for injury to a trespasser; (6) clarifies that this new code does not affect other statutory provisions regarding the duty owed by land possessors, or otherwise create or increase the liability of any person or entity; and (7) provides that the legislation is prospective only.

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The main elements of the legislation are as follows: (1) an early dismissal of actions provision in which the Texas Supreme Court is directed to promulgate a new rule of civil procedure providing for the dismissal of cases that have no basis in law or fact; (2) a section that requires the Texas Supreme Court to promulgate rules of civil procedure to “promote the prompt, efficient, and cost-effective resolution of civil actions” in which the amount in dispute is less than $100,000; (3) removal of a requirement that a trial judge obtain permission from all parties before he or she can certify a question for appellate review, and clarification of the procedure for taking the appeal; (4) changes and modifications to the early offer of settlement statute which are intended to make the statute more balanced and, therefore, more useful; and (5) provisions pertaining to the designation of responsible third parties.

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Provides a mechanism for Texas asbestos and silica MDL courts to dismiss long dormant claims on the inactive docket enacted in 2005, while preserving a claimant’s ability to re-file a dismissed case should the claimant develop an impairing condition.

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Changes Texas law for in-state plaintiffs relative to forum non conveniens, and allows for a trial court to dismiss a claim under such a theory provided substantial deference has been given to the in-state legal resident plaintiff.

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Provides a two-year statute of limitations and a fifteen-year statute of repose; requires a 60 day cooling off period before a suit may be filed; protects sellers and users who rely on statements that a product or service does not have a Y2K problem; establishes affirmative defenses; requires alternative dispute resolution before trial; prohibits pain and suffering awards, and limits punitive damages, unless the plaintiff can prove by clear and convincing evidence that the defendant committed fraud or malice.

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Provides immunity to licensed health care providers who volunteer their services for or on behalf of charitable organizations

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Restored dollar-for-dollar settlement credit in a multiple defendant civil action

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Exempted from civil liability trade associations, livestock producers, agricultural producers and manufacturers, sellers, marketers, distributors, and advertisers of food (as defined in 21 U.S.C. 321 (f);(g);(i)) for claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known conditions allegedly caused by or allegedly likely to result from long-term consumption of food. This liability exemption includes actions brought by a person other than the individual whose weight gain, obesity, or health condition the action is based. It also includes any derivative action brought by or on behalf of any individual or any representative, spouse, parent, child, or other relative or individual. The liability exemption does not apply for a violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling or sale of food and the violation was committed knowingly and willfully. The liability exemption also does not prohibit an action from being brought under Chapter 431, Health Safety Code; or by the attorney general under Section 17.47, Business & Commerce Code. Provided that discovery and all other proceedings shall be stayed during a motion to dismiss.

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Amends the Texas statute to allow an interlocutory appeal for 1) a special appearance, or 2) a jurisdictional challenge over a unit of state or local government before the time and expense of trial have been incurred

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adopts the model federal rule so that a court may impose penalties when a groundless lawsuit is filed

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refocuses the original law’s intent to protect consumers from fraud and deceptive practices. The bill limits recovery to economic damages in most cases, however, damages may be tripled if the seller knew his conduct was fraudulent or deceptive.

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Provides that a client may bring an action to void any contract for legal services that was procured as a result of barratry by attorneys or other persons. The client is entitled to receive all fees and damages paid to that person under any voided contract, actual damages caused by the prohibited conduct and reasonable attorney’s fees and the attorney at fault shall pay a civil penalty of $5,000.

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Provides a mechanism for Texas asbestos and silica MDL courts to dismiss long dormant claims on the inactive docket enacted in 2005, while preserving a claimant’s ability to re-file a dismissed case should the claimant develop an impairing condition.

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