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.