Sunday, March 2, 1997

Business-backed group wants more civil court changes

By CHIP BROWN

Associated Press

AUSTIN - With the support of Gov. George W. Bush in 1995, a business-backed group known as Texans for Lawsuit Reform helped draft laws that make it more difficult for Texans to collect damages in civil cases.

Nine of 11 bills on the group's legislative agenda won approval in 1995. Two years later, TLR is back, more aggressively than ever.

The group, headed by Houston commercial realtor Richard Weekley, is pushing eight more bills that would benefit businesses that frequently get sued.

But some lawmakers, consumer advocates and the state's trial lawyers association say enough is enough.

They say TLR, the Texas Civil Justice League and others pushing for changes in civil liability laws should be happy with the victories they scored in 1995 and leave lawmakers free to tackle bigger issues, like property taxes.

"Simply put, these new proposals don't deserve the time of day from the Legislature," said Dan Lambe, state program director for Texas Citizen Action, a consumer advocacy group.

But Weekley, whose group spent more than $1 million in political action committee contributions to candidates in the last election cycle, disagrees.

"The Legislature did a marvelous job in the last session, taking giant strides to repair the system," he said. "There is much more to be done. These eight bills will go a long way to resolving the remaining problems."

The TLR proposals include: better allowing judges to dismiss cases filed in Texas courts by out-of-state plaintiffs and removing liability from business owners who have criminal acts committed by third parties on their property.

Bush, while still an advocate of so-called "tort reform," has been tied up pushing a plan aimed at cutting local school property taxes by increasing the state's sales tax and creating a business activity tax.

Lt. Gov. Bob Bullock has been low-key about TLR's agenda this session, although he was critical of the group's unwillingness to compromise on bills in 1995.

Some legislative observers believed that House Speaker Pete Laney's appointment of a trial lawyer - Rep. Patricia Gray, D-Galveston - to head the committee that will consider most of TLR's bills was a statement that he considered tort reform a closed book.

Laney denies that the appointment was a message, as does Rep. Rob Junell, D-San Angelo, a close ally of Laney's who is carrying two TLR-backed bills this session.

"I don't think the speaker's appointments have anything to do with tort reform," Junell said. "The people on those committees hear lots of other issues besides tort bills.

"I haven't felt a backlash," Junell added. "The bills I'm carrying, I feel that we need to pass to put Texas in the mainstream of our judicial system."

TLR attempted to ensure a respectful hearing from lawmakers, in part, by spending freely during the last election cycle. The group spent more than $1.5 million, mostly on Republican candidates, who shared their views.

Rep. Zeb Zbranek, D-Winnie, felt the impact of the spending as TLR gave more than $80,000 to his GOP opponent, Kent Batman. The total accounted for more than half of the $148,224 raised by Batman.

"It's scandalous that some group would come in and put in that kind of money into a race. It should shock the citizens," Zbranek said.

"In my race, it sends the message that if you cross these people, they will spend whatever is necessary to have you removed. It's criminal that a group operates like this," he said.

Weekley defended TLR's actions, saying, "Since he (Zbranek) has been in office, every single recorded vote on tort reform, he has voted against it. We feel it is our obligation ... to go and try to support the people who espouse judicial reforms in the state of Texas."

That view doesn't sit well with some lawmakers.

"When it comes to so-called tort reform, I'll look at each bill, but I'm tired of the middle-class Texan and low-income Texan getting screwed by big money," said Sen. Gonzalo Barrientos, D-Austin.

Mike Slack, president of the Texas Trial Lawyers Association, said groups seeking to change civil justice laws are being greedy.

"It's criminal what they are trying to do. They are back for the scraps that they couldn't force down lawmakers' throats the last session," Slack said.

"I think it's hypocritical that they are back asking for more changes, when we haven't even had a chance to see how the laws they got passed in 1995 are working."