In this issue...

Legislative Update

Case Histories: Fleshing Out The Need For Reform

Shaping Opinion In Texas Newspapers

House Civil Practices Committee Plays Important Role In TLR 1997 Reform Package

Statewide Trade Association Endorsements

Local Trade Association Endorsements

Chamber Of Commerce Endorsements

Texans For Lawsuit Reform Legislation

Texans For Lawsuit Reform Staff Members and Positions

Legislative Update

The 75th regular legislative session is past its mid-point, and the focus of the Texans for Lawsuit Reform legislative agenda is on the House Civil Practices Committee. Two bills have already passed the Senate and are pending in Civil Practices: SB 275 pertaining to CPA privity and SB 220 addressing the problem of out-of-state lawsuits. The remaining tort reform bills are being taken up in the House first.

Committee work is the part of the legislative process that involves the closest scrutiny. It is also the part of the process where the public plays the most visible role, providing input and suggestions. TLR has taken an active role in the committee process, recruiting witnesses and providing responses to concerns raised during the hearings.

The House Civil Practices Committee held its first hearing on the TLR legislative agenda on March 11 when it took up HB 1020 by Rep. Junell. This bill gives juries the right to consider the possible negligence of employers that are immune from liability because they provide workers™ compensation to their employees. The legislation is important because it is fundamentally unfair for the negligence of immune employers to be arbitrarily shifted to other defendants.

Almost 100 individuals signed affirmations in support of the bill. These people came from all over Texas to show their enthusiasm for this much-needed reform. TLR recruited attorneys from California and Arizona to testify about the positive impact of similar laws in their states. Several witnesses described actual cases involving their companies that convincingly underscore the need for reform in this area of the law.

On March 18, the committee turned its attention to HB 95 by Rep. Joe Nixon. This bill proposes that Texas move into the mainstream in the area of summary judgment, joining a majority of other states that have procedures in place that closely track the federal approach. This legislation is needed to provide judges with sufficient discretionary authority to dismiss lawsuits that are patently without merit. The premises liability bill, HB 1202 by Rep. Tom Uher, was heard on March 25. TLR worked with a coalition of organizations representing a variety of premises owners---including restaurants, colleges, apartment owners, and retail merchants---to draft a substitute bill to address some of the committee™s concerns that were voiced prior to the hearing. Support for the legislation was forthcoming at the hearing from numerous individuals and associations, including a group of witnesses recruited by TLR who described their case histories.

Hearings on other bills will continue in April. In the meantime, we will continue to work with the committee to address their concerns so the bills can be voted out and considered by the full House of Representatives.

CASE HISTORIES: FLESHING OUT THE NEED FOR REFORM

One of the most effective ways of convincing committee-members that the TLR legislative agenda is reasonable and necessary is by identifying people who have been involved in an abusive lawsuit. These œcase histories provide a snapshot into the ongoing problems with our state™s civil justice system. The following is a case history that was described to the Civil Practices Committee by Bob Rowling, chief executive officer of TRT Holdings, during the March 25 hearing on the premises liability bill.

Texans for Lawsuit Reform believes the current law affecting premises owners discourages economic investment in urban neighborhoods and discourages property owners from making their facilities available to charitable or non-profit organizations for recreational or educational uses. The committee substitute for HB 1202 will be a significant improvement.

SHAPING OPINION IN TEXAS NEWSPAPERS

Texans for Lawsuit Reform has taken its show on the road with newspaper editorial boards across the state. TLR volunteers and leaders have spent countless hours of their valuable time visiting with these newspapers, not to mention becoming very frequent flyers. Papers visited to date include Amarillo, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, San Antonio, Tyler, the Valley, and Waco.

Visiting with editorial boards gives TLR the opportunity to discuss the seven-point agenda in detail to editors and journalists, and to convince these important messengers that further meaningful tort reform is needed in Texas. The objective is to garner favorable support in newsprint, which legislators watch very closely. This hopefully translates into more support for each of TLR's agenda items by the state representatives and senators in Austin.

Richard Trabulsi, TLR co-founder, who has attended more than seven editorial board meetings since the opening of the legislative session said, œVisiting these newspapers in every corner of the State has been a very effective means of clearly communicating the facts on each of our agenda items. I am extremely appreciative of the talents and time of the many TLR volunteers who have participated in these meetings.

When visiting with editorial boards, it is important to remember these points.

• Keep your presentation within the time-frame allotted by the editorial board, customarily limited to one hour or less. Bear in mind that another group may be waiting to meet with the board when you are finished.

   

• Be truthful, concise and direct when expressing your viewpoints. If a member of the board does not agree with your position, do not become overly defensive. Instead, re-state the important facts and move on to the next point.

   

• If you don't know the answer to a question, say that you will get an answer to them as soon as possible, and follow through.

   

• Provide complete information to leave behind.

   

• Thank the board for their time and follow up with a brief letter including any additional information you need to relay.

HOUSE CIVIL PRACTICES COMMITTEE PLAYS IMPORTANT ROLE IN TLR 1997 REFORM PACKAGE

In early March, the Texas House of Representatives began hearings on the 1997 tort reform package. The House Civil Practices Committee heard testimony on HB 1020, TLR™s third party liability bill on March 11. This committee activity is perhaps the most important part of the entire process, since the product of their work will be what goes to the entire House.

The following is a list of the members of this crucial committee.

District 23 - Galveston
Democratic Representative Patricia Gray is an attorney. She received her Ba and MEd from Mississippi State University. Her MA was received at The University of Texas at Austin, and her JD from the South Texas College of Law. Born October 2, 1946, she has been a member of the House of Representatives since 1992. Ms. Gray can be reached at 520 20th Street, Galveston, TX 77550, 800/615-2525, and by fax at 409/765-8820. She serves District 23 Galveston County (part) with Senators Galloway and Patterson.

District 150 - Spring
Paul Hilbert is an attorney. He received his MBA from Xavier University and his JD from the South Texas College of Law. Born March 24, 1949, he has been a member of the Texas House of Representatives since 1983. Mr. Hilbert can be reached at 2301 FM 1960 West, Ste. 240, Houston, TX 77068, 713/537-5252. He serves District 150, Harris County (part) as Republican Representative with Senators Lindsay and Whitmire.

District 116 - San Antonio
Leo Alvarado, Jr., the Democratic Representative from San Antonio is an attorney. He received his BA from St. Mary™s University, and his JD from St. Mary™s School of Law. Born April 23, 1939, Alvarado has been a member of the House since 1996. Mr. Alvarado can be reached at 115 Camaron, Suite 200, San Antonio, TX 78205-2492, 210/229-1884, and by fax at 210/223-9464. Mr. Alvarado serves District 116, Bexar County (part) with Senators Luna and Wentworth.

District 128 - Houston
Democratic Representative Bosse is an attorney. He received his BS from Texas A&M University and his JD from the University of Houston, Bates College of Law. Born July 18, 1947, Mr. Bosse has been in the House of Representatives since 1991. He can be reached at 855 Uvalde Rd., #A, Houston TX 77015, 713/453-6336, or by fax at 713/453-5013. Mr. Bosse serves District 128, part of Harris County, with Senators Gallegos, Patterson and Whitmire.

District 142 - Houston
Democratic Representative Dutton is an attorney in Houston. He received his BBA from Texas Southern University and his JD from the TSU Thurgood Marshall School of Law. Born February 17, 1945, Dutton has served in the Texas House of Representatives since 1985. He can be reached at 9111 Eastex Frwy., Suite 336, Houston, TX 77093, 713/692- 9192 or by fax at 713/692-6791. Dutton serves District 142, Harris County (part) with Senators Gallegos, Lindsay, Ellis and Whitmire.

District 93 - Arlington
Mr. Goodman practices law in Arlington where he lives with his wife, Gloria. He received his BBA from texas Christian University and his JD from Baylor University. Born November 2, 1948, Goodman has served the Texas House of Representatives since 1991. Goodman can be reached at 1600 Lamar, Suite 115, Arlington, TX 76011, 817/460-8200 or by fax in Arlington at 817/861-2125 and in Austin at 512/475- 1178. He serves District 93, Tarrant County (part) with Senators Nelson, Harris and West.

District 133 - Houston
Joe Nixon and his wife, Allyson, reside in Houston, where he practices law. Nixon received his BS in Economics from Texas A&M University and his JD at St. Mary™s University. Republican Representative Nixon was born on September 15, 1956 and has served in the House of Representatives since 1995. He serves District 133, Harris County (part) with Senators Gallegos, Lindsay, Ellis and Brown.

District 14 - College Station
William B. Roman, Jr and his wife, Jeanette, live in College Station where he is a physician. Roman received both his BS and BA from The University of Texas, and his MD from the University of Texas Medical Branch. Born January 7, 1925, Roman began his service as Republican Representative just this year. He can be reached at #1 Forest Drive, College Station, TX 77840, 409/774-6309 or by fax at 409/774-9010. Roman serves District 14, Brazos County (part) with Senator Ogden.

District 20 - Winnie
Zbranek and his wife, Angela, live in Winnie where he is both an attorney and a petroleum engineer. Zbranek received his BS from The University of Texas at Austin and his JD from the University of Houston Law Center. Born September 28, 1962, Zbranek has been a member of the Texas House of Representatives since 1993. He can be reached at P.O. Box 2910, Austin, TX 78768, 512/463-0488 or by fax at 512/463-1510. Zbranek serves District 20, Chambers, Hardin and Liberty Counties with Senators Nixon and Galloway.

STATEWIDE TRADE ASSOCIATION ENDORSEMENTS

American Alliance for Rights & Responsibilities

American Collectors Association of Texas

American Society of Civil Engineers

Associated Builders & Contractors of Texas

Associated General Contractors - Texas Building Branch

Association of Chemical Industry of Texas

Automotive Wholesalers of Texas

Consulting Engineers Council of Texas

Independent Bankers Association of Texas

Independent Cattleman™s Association of Texas

Lumbermen™s Association of Texas

Mechanical Contractors Association of Texas

National Federation Independent Businesses

Printing Industries Association of Texas

Rural Rental Housing Association of Texas

Southwest Association

Southwest Meat Association

State Firemen™s and Fire Marshals™ Association of Texas

Texas Ag Industries Association

Texas Aggregates and Concrete Association

Texas Agricultural Cooperative Council

Texas Air Conditioning Contractors Association

Texas and Southwestern Cattle Raisers Association

Texas Apartment Association, Inc.

Texas Association of Builders

Texas Association of Business and Chambers of Commerce

Texas Assn of Homes & Services for the Aging

Texas Association of Life Underwriters

Texas Association of Nurserymen

Texas Association of Realtors

Texas Assn of Residential Care Communities

Texas Association of Wholesale Distributors, Inc.

Texas Chemical Council

Texas Citrus Mutual

Texas Cotton Ginners' Association

Texas Food Industry Association

Texas Forestry Association

Texas Gas Association

Texas Grain & Feed Assn

Texas Health Care Assn

Texas Hospital Association

Texas Hotel and Motel Assn

Texas Housing Association

Texas Independent

Automotive Association

Texas Insurance Professionals

Texas Land Title Association

Texas Lathing & Plastering Contractors

Texas Medical Association

Texas Osteopathic Medical Association

Texas Petroleum Marketers & Convenience Store Association

Texas Physical Therapy Association

Texas Rental Association

Texas Restaurant Association

Texas Risk Retention Association

Texas Seed Trade Association

Texas Sign Manufacturers Association

Texas Society of Architects

Texas Society of Certified Public Accountants

Texas Society of Internal Medicine

Texas Society of Medical Assistants

Texas Society of Professional Engineers

Texas Society of Professional Surveyors

Texas State Florists™ Association

Texas Tire Dealers & Retreaders Association

Texas Waterway Operators Association

Textile Maintenance Association of Texas

LOCAL TRADE ASSOCIATION ENDORSEMENTS

Apartment Association of Greater Dallas

Apartment Association of Southeast Texas

Apartment Association of Tarrant County

Associated Builders and Contractors of Texas/Coastal Bend

Associated Builders and Contractors of Texas/Gulf Coast

Associated Builders and Contractors of Texas/Houston

Associated Builders and Contractors of Texas/South Texas

Associated Builders and Contractors of Texas/Southeast Texas

Assoc General Contractors of America, Inc./Austin

Assoc Builders & Contractors/Mid Coast Chapter

Associated Builders & Contractors/Central Texas Chapter

Associated General Contractors, Inc./Houston

Associated General Contractors/Dallas

Association of Consulting Municipal Engineers of Houston

Austin Apartment Association

Austin Board of Realtors

Bay Area Board of Realtors/Houston

Building Owners and Managers Association of Austin

Building Owners and Managers Association of Houston

Builders Association of Fort Worth & Tarrant County

Chambers County

Consulting Engineers Council of TX, San Antonio Chapter

Corpus Christi Apartment Association

Fort Bend Association of Realtors

Greater Dallas Association of Realtors

Greater Houston Builders Association

Greater Houston Hospital Council

Gulf Coast Grocery Assn. of Texas

Home Builders Association of Southeast Texas

Hotel Association of Tarrant County

Houston Apartment Association

Houston Assoc. of Insurance Agents

Houston Assoc. of Life Underwriters

Houston Association of Realtors

Institute of Real Estate Management/Austin

Institute of Real Estate Management/Houston

Jefferson County Medical Society

Lubbock Apartment Association

Mechanical Contractors Association of Houston

North Texas Oil & Gas Association

Retail Merchants Association/Houston

San Antonio Apartment Association, Inc.

Temple Area Home Builders Association

Texas Capitol Area Builders Association

Texas Society of C.P.A.™s - Houston Chapter

Tritech Regional Council

United Property Owners™ Association/Houston

CHAMBER OF COMMERCE ENDORSEMENTS

Amarillo Chamber of Commerce

Arlington Chamber of Commerce

Athens Chamber of Commerce

Bellville Chamber of Commerce

Belton Area Chamber of Commerce

Bryan-College Station Chamber of Commerce

Canton Texas Chamber of Commerce

Cedar Hill Chamber of Commerce

Denison Area Chamber of Commerce

DeSoto Chamber of Commerce

East End Chamber of Commerce

Eastland Chamber of Commerce

Everman Area Chamber of Commerce

Fort Bend Chamber of Commerce

Fort Worth Chamber of Commerce

Frisco Chamber of Commerce

Giddings Chamber of Commerce

Greater Austin Chamber of Commerce

Greater Dallas Chamber of Commerce

Greater Houston Partnership

Greater Irving-Las Colinas Chamber of Commerce

Greater Killeen Chamber of Commerce

Greater New Braunfels Chamber of Commerce

Greater Orange Area Chamber of Commerce

Greater San Antonio Chamber of Commerce

Greenville Chamber of Commerce

Hallettsville Chamber of Commerce & Agriculture

Harker Heights Chamber of Commerce

Harris County S.E. Economic Development Council

Houston County Chamber of Commerce

Houston Northwest Chamber of Commerce

Humble Area Chamber of Commerce

Longview Partnership

Lufkin-Angelina County Chamber of Commerce

Marble Falls-Lake LBJ Chamber of Commerce

McAllen Chamber of Commerce

Midland Chamber of Commerce

North Houston Association

North Houston Greenspoint Chamber of Commerce

Northeast Tarrant County Chamber of Commerce

Pampa Chamber of Commerce

Pasadena Chamber of Commerce

Plano Chamber of Commerce

Raymondville Chamber of Commerce

Rockdale Chamber of Commerce

San Angelo Chamber of Commerce

Shamrock Chamber of Commerce

South Montgomery County-Woodlands Chamber

South San Antonio Chamber of Commerce

Stratford Chamber of Commerce

Taft Chamber of Commerce

Tomball Area Chamber of Commerce

Weatherford/Parker Economic Council

Westchase Business Council

Wharton Chamber of Commerce

Yoakum Area Chamber of Commerce

TEXANS FOR LAWSUIT REFORM LEGISLATION

Texans For Lawsuit Reform Staff Members and Positions

EXECUTIVE DIRECTOR
e-mail: MCLinbeck@aol.com
Overall management of staff and administration

ORGANIZATIONAL DIRECTOR (FORMER PAC DIRECTOR)
Special Projects

COMMUNICATIONS DIRECTOR
e-mail: KLOverbeck@aol.com
Manages the speakers bureau; liaison to endorsing trade associations and chambers of commerce

ADMINISTRATIVE ASSISTANT
Information distribution; maintains TLR membership files

LEGISLATIVE DIRECTOR
e-mail: RNFritz@aol.com
Overall management of Austin office; monitors TLR legislation; coordinator of committee presentations

LEGISLATIVE ASSISTANT
e-mail: Luskey@aol.com
Assists with day to day legislative needs; coordinates the publication and distribution of the TLR Advocate

CONSULTANT
e-mail: RGBejma@aol.com
Monitors newspapers and t.v.; coordinates media responses

ADMINISTRATIVE ASSISTANT
Receptionist; assists Randy and Amy with projects as needed

MEMBERSHIP DEVELOPMENT
972/480-8123, 972/480-8785 fax
e-mail: BEVKISH@aol.com
Coordinates key contact program; develops Boards of Governors across the state