The Joe K. Longley-Philip K. Maxwell
Deceptive Trade Practices Act Collection: Legislative Archive 1973-2001
and the Mark L. Kincaid Papers, 1995-2015
In 2004, Joe K. Longley and Philip K. Maxwell donated documents to the Legislative Reference Library relating to the Texas Deceptive Trade Practices and Consumer Protection Act (DTPA) and its private remedies amendments.
The 63rd Texas Legislature, Regular Session, created the Act in 1973 through HB 417 and its companion bill SB 75. As Chief Assistant Attorney General of Texas in the Antitrust and Consumer Protection Division, Mr. Longley was a principal drafter of the legislation, and both Mr. Longley and Mr. Maxwell have participated in drafting subsequent amendments to the DTPA and to the insurance statutes.
In 2016, the DTPA collection was enchanced by the addition of the Mark L. Kincaid Papers. Mr. Kincaid was known as "The Policyholder's Lawyer." He had established a reputation for crafting public policy for the protection of insurance policy holders who had little or no ability to prevent abuses in the claims process.
Spanning two decades, from 1995 through 2015, these documents showcase Mr. Kincaid's efforts to curb tort reform, to document the intent behind key legislation, and to monitor and influence changes to the Deceptive Trade Practices Act.
The DTPA collection provides resources dating from 1973 through 2015 to assist researchers in compiling legislative intent and history for this Act and related legislation, including legislative drafts, transcripts of hearings, correspondence, news clippings, talking points, and other commentary.
To assist researchers, the library has created finding aids for the collection. For information on using the collection, contact the Legislative Reference Library at 512-463-1252.