In chaotic vote, GOP-led Texas House OKs limits on lawsuits

After more than four hours of skirmishing that several members likened to "trench warfare," the House gave preliminary approval to tort legislation that could require losers to pay court costs in certain lawsuits. Most of the chamber's 49 Democrats had left the floor by the time the vote was taken.

Tempers flared repeatedly in the pre-Mother's Day session. Rep. Craig Eiland, D-Galveston, angrily hurled a rule book into the air. At one point, Republicans threatened to lock down the chamber.

"It's nothing like I expected it to be," said freshman Rep. Barbara Nash, R-Arlington, who was elected in November. "I expected people to act like adults."

The feuding spotlighted growing tensions as the Legislature moves closer to its May 31 adjournment with a host of major issues -- including the budget and redistricting -- still awaiting action. House Democrats, seeking to compensate for their 2-to-1 numerical disadvantage, have angered Republicans by slowing action on major bills with the use of points of order and other parliamentary tactics. Over fierce objections by Democrats who were still on the floor, Republicans voted to suspend the rules to forge ahead with a vote on the so-called loser-pays bill.

"This is a bad day that's getting much worse," declared Eiland, who accused Republican leaders of trampling House rules to suppress "the minority voice."

But Speaker Joe Straus, R-San Antonio, said Democrats left the Republican leadership with no choice after refusing compromise offers.

"There were several offers of alternative routes that could have been taken," Straus said. "The other side dug in and made it clear they were going to give no quarter, that they were going to kill these bills. It wasn't my first option, it wasn't my first choice, it wasn't my desire to do it this way."

Perry called for passage of the loser-pays bill in his State of the State Address in mid-February and tagged it as "emergency" legislation to give it priority. Although the bill by Rep. Brandon Creighton, R-Conroe, has been substantially modified since it was introduced, it would let courts award costs and attorney fees to the prevailing party in breach-of-contract suits. The bill could also allow dismissal of meritless lawsuits.

The Texas Trial Lawyers has opposed the measure, saying it would discourage people with legitimate claims from suing. But Perry and other supporters say it would continue years of tort reform efforts designed to reduce the cost of lawsuits and further enhance Texas' business-friendly image.

Other major bills in the pipeline for imminent consideration include Perry-backed immigration legislation and a measure that would reduce class sizes in elementary schools.

Lawmakers are facing a deadline Thursday for considering House bills. Hundreds of bills that don't make the deadline will perish.

"The only thing left on the calendar is really bad stuff," said Rep. Lon Burnam, D-Fort Worth. "My constituents would be better-served if we didn't work anymore this session."

Burnam said and he most other Democrats had drifted off the floor -- either individually or in small groups -- before the vote on the loser-pays bill.

"A whole lot of people did that because they were so exasperated with that situation," Burnam said, adding that Democrats had become "increasingly angry about what we understood the Republicans were going to do."

The vote on Creighton's bill was 89-12, with 47 members absent. Two members registered as present but not voting.

Rep. Phil King, R-Weatherford, said the Democrats' walkout was reminiscent of a nationally publicized incident in 2003 when Democrats left the state twice to break a quorum on congressional redistricting. This year, Republicans have the 100 votes for a quorum, but Democrats were hoping that enough Republican absences on the day before Mother's Day could have helped them break a quorum and stop action on legislation.

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