House concurs with Senate on school‑liability bill that raises liability standard, adds fee‑shifting

The Texas House on a recorded vote concurred with Senate amendments to House Bill 46 23, a school‑liability measure whose Senate changes increased the plaintiff’s burden and adopted a ‘‘loser pays’’ attorney‑fees provision, sponsors said on the floor.

Representative Little, the sponsor, told members the Senate modified the bill to raise the standard of liability to gross negligence, recklessness or intentional misconduct for plaintiffs to prevail and changed prevailing‑party attorney‑fee language to a ‘‘loser pays’’ model. He warned supporters and critics that the fee change could result in some victims having to pay attorney fees if their suits are unsuccessful.

‘‘They changed the prevailing party attorney's fee language to, loser pays,’’ Little said on the floor. He thanked Senate partners but recommended concurrence despite expressing ‘‘concerns about some of the modifications.’’

The House recorded 106 ayes and 28 nays on concurrence with Senate amendments. Representative Little moved concurrence; the clerk called the recorded vote and the result was announced.

Supporters framed the bill as necessary to clarify liability standards for school districts and to address perceived litigation costs; critics raised concerns that raising the burden of proof and the loser‑pays fee provision could deter meritorious claims or shift costs to victims. Little specifically noted the potential for victims to face an adverse fee award if unsuccessful.

The measure will proceed per legislative process with the House concurrence recorded on the floor.