HBA-ATS H.B. 902 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 902
By: Dutton
Civil Practices
4/4/1999
Introduced



BACKGROUND AND PURPOSE 

Under the Civil Practice and Remedies Code, a person is liable for damages
to a producer of a perishable food product if the person disseminates false
information about the perishable food product to the public that states or
implies that the perishable food product is not safe for consumption.
However, the statute does not explicitly entitle a prevailing party to
recover court costs and fees and attorney's fees.  Such a provision may
discourage a person from bringing a frivolous claim.  H.B. 902 requires a
court to award a party who prevailed in a suit for false disparagement of
perishable food products, against the opposing party, court costs and fees
and reasonable attorney's fees. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 96, Civil Practice and Remedies Code, by adding
Section 96.005, as follows: 

Sec. 96.005.  PARTY LIABLE FOR COURT COSTS AND FEES AND ATTORNEY'S FEES.
Requires a court to award a party who prevailed in a suit for false
disparagement of perishable food products, against the opposing party,
court costs and fees and reasonable attorney's fees. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.