As an expert in civil litigation and personal injury law, I’ve analyzed the proposed Senate Bill 30 and House Bill 4806 currently moving through the Texas legislature. These identical bills represent a significant and troubling shift in how our legal system would treat injured Texans. Despite being marketed as “reforms,” these bills would severely restrict access to healthcare and limit compensation for legitimate injuries.
Restricting Medical Care When Texans Need It Most
Both bills would fundamentally change how injured Texans access medical care by:
- Limiting recoverable medical expenses to 150% of the “median amount paid by nongovernmental third-party payors” according to a state database
- Restricting which healthcare providers injured people can use if they hope to recover costs
- Declaring the failure to use health insurance a “failure to mitigate damages” – effectively penalizing the uninsured
These restrictions are particularly alarming in Texas, where approximately 18% of residents lack health insurance – the highest uninsured rate in the nation. In raw numbers, that’s about 5.4 million Texans who could face barriers to care after an injury through no fault of their own.
Redefining Pain and Suffering to Deny Compensation
The bills deliberately redefine “physical pain and suffering” and “mental or emotional pain or anguish” in ways that would exclude many legitimate injuries:
- “Physical pain and suffering” would require proof the pain “is significant in magnitude” and “arises from an observable injury”
- “Mental or emotional pain or anguish” would need to be “grievous and debilitating” and cause “substantial disruption in a person’s daily routine”
These definitions would create nearly impossible standards for many genuine injuries. Chronic pain conditions, traumatic brain injuries, PTSD, and many other serious conditions could be excluded because they might not meet these arbitrarily narrow definitions.
Formula-Based Damage Caps Disguised as “Standards”
While avoiding the politically unpopular term “caps,” these bills effectively establish damage limits by:
- Creating formulas that tie physical pain compensation to medical expenses (limiting to either three times medical expenses or $100,000 per year of life expectancy, whichever is less)
- Capping mental or emotional damages at $250,000 in cases primarily involving bodily injury
- Requiring special judicial justification for exceeding these thresholds
This one-size-fits-all approach disregards the fundamental principle that each case should be evaluated on its unique facts and circumstances by local judges and juries.
The Insurance Rate Myth: Don’t Expect Savings
Proponents often claim tort reform measures will lower insurance rates, but historical evidence tells a different story:
After Texas implemented medical malpractice caps in 2003, a comprehensive Texas Watch study found no corresponding decrease in health insurance premiums. In fact, health insurance premiums in Texas have increased by approximately 71% since 2008, outpacing the national average.
Similarly, Texas auto insurance rates have climbed steadily despite multiple rounds of tort reform. According to the Insurance Information Institute, Texas drivers pay an average of $1,316 annually for auto insurance – about 12% higher than the national average.
The simple truth: Insurance companies rarely pass savings from reduced claim payments on to consumers through lower premiums.
Intrusive Government Overreach
These bills would insert government formulas and arbitrary restrictions into the doctor-patient relationship and the civil justice system:
- Healthcare providers would face restrictions on their ability to provide care to injured patients without upfront payment
- The extensive disclosure requirements regarding medical referrals appear designed to intimidate attorneys and healthcare providers who help injured parties
- Local judges and juries – who actually hear the evidence in individual cases – would have their authority superseded by rigid statutory formulas
Who Really Benefits? Follow the Money
The true beneficiaries of these bills are not ordinary Texans but rather:
- Insurance companies who would pay less in claims while continuing to collect high premiums
- Corporate defendants who would face reduced accountability for negligence
- Businesses that could externalize the costs of unsafe practices onto injured individuals and taxpayers
When injured people cannot recover their full damages, those costs don’t disappear – they simply shift to taxpayer-funded programs like Medicaid, to families providing unpaid care, or to community resources and charities.
The Broader Economic Impact
These bills could have significant economic consequences beyond individual cases:
- Medical providers who treat the injured on contingency would face reduced compensation, potentially leading to fewer specialized providers willing to treat accident victims
- The healthcare sector could see job losses as treatment options for injured Texans narrow
- State and local governments could face increased costs for public assistance as injured individuals exhaust personal resources
The Constitutional Question
The Texas Constitution guarantees the right to trial by jury. By predetermining what damages are “reasonable” through arbitrary formulas, these bills effectively undermine this fundamental right. Similar measures in other states have faced constitutional challenges.
A Better Path Forward
Rather than restricting rights and limiting care, Texas legislators should focus on:
- Expanding access to healthcare for all Texans
- Holding insurance companies accountable for fair rates and claims practices
- Preserving the authority of local judges and juries to decide cases based on their unique facts
- Ensuring those who cause harm bear responsibility for that harm
Take Action
If you value your constitutional rights and believe those who cause harm should be held accountable, contact your representatives today. Urge them to vote NO on SB 30 and HB 4806. These bills represent a dangerous rollback of legal protections for all Texans.
Our civil justice system should focus on providing fair compensation to injured parties – not protecting corporate profits at the expense of everyday Texans.
