It’s time we talk about what Texas is doing RIGHT.  After all, Texas has an approximately $14 BILLION state budget surplus when 30 other states are facing budget deficits.

Comptroller’s Economic Outlook: More Good News in Texas

As of October 22, 2008, the Texas Comptroller Susan Comb’s office had good news for Texans.  Texas continues to fare better economically than most other states. With our mix of industries and avoidance of the housing price bubble, Texas should have more resistance to – but not immunity from – recessionary conditions.In fiscal 2008, Texas’ gross state product grew by 4.1 percent, versus 1.5 percent for the national economy.  Fiscal 2008 was strong for Texas, and although the Texas economy is still expanding, its rate of expansion is slowing. Jobs

• In the 12 months ending in September 2008, Texas gained almost 248,000 jobs, more than the next 14 top job-growth states combined.
• Over last 12 months, Texas accounts for 54 percent of entire job gains for all states.
• In the past five years, Texas added 1.3 million new jobs to our economy.

For more information, go to:  http://www.texasahead.org/economy/outlook.html

But there is more good news in Texas.

Not long ago doctors were leaving Texas due to frivolous lawsuits but our judges applied the laws passed by the legislature and stopped that abuse.  Now, Texas courts are not experiencing the backlogs they were prior to tort reform

Doctors who were once fleeing the state or were refusing to deliver babies are returning to Texas.  Frivolous lawsuits are another layer of cost to consumers.  We want the court to continue to follow the rule of law. 

AFP is an issues-driven organization.  When an elected official, or in this case, a group of elected officials, do the right thing, we will also take the time to encourage them and thank them for their actions.  Unfortunately, most elected officials only hear from constituents when they do something that people don’t like.  We often forget to thank them when they do something right.  It’s time we thank judges for the role they have played to uphold the rule of law and reverse the toxic influence frivolous lawsuits were having on our court docket and on our economy.  

It’s the economy, stupid – And Texas has been relatively smart about it

The economy is the #1 issue in the country today.  Texas’ economy has been strong and for years has been identified as one of the fastest growing economies in the country.

According to the Real Estate Center at Texas A&M University, Texas' economy continues to gain jobs while the nation's economy is losing them. (http://recenter.tamu.edu/econ/) 

Texas’ largest population concentration is also doing relatively well.  The first quarter of this year, the Texas economy enjoyed job growth of about 2.2 percent, or a pace of about 55,000 new jobs in 2008.   New jobs have been dominated by well-paid professional categories such as energy, health care and engineering.  (http://www.dallasfed.org/research/update-hou/index.cfm)

While the Houston economy is doing relatively well, and the courts are upholding policies that are contributing to Houston’s economic wellbeing as well as citizens’ safety and sense of security.  Houston’s job growth outpaces the country.(http://www.houston.org/blackfenders/10AW001.pdf)   

Tort reform has contributed to Texas’ good economy.

Our “Good News in Texas” campaign is designed to educate the public on the benefits of a judiciary which is committed to the rule of law, judicial restraint, and tort reform.

Rule of Law Rules in Texas    

Last year, AFP-Texas launched a campaign “Keep Texas Competitive: Prosperity in the Lone Star State.”

(http://americansforprosperity.org/includes/filemanager/files/tx/txbooklet.pdf)

We have traveled over 9,000 miles this year alone, sharing our message and educating citizens.  Americans for Prosperity Foundation, a related educational organization, held a state-wide conference in July entitled, “Defending the American Dream,” and coupled that with a blogger-focused new media element “Right Online.”  AFP-TX was a co-sponsor.  The Summit attracted 500 activists from every corner of the state. 

We strive to educate citizens on what drives prosperity, which includes support for the rule of law and judicial restraint.  A government that exhibits respect for the rule of law acts in a predictable way.   We also espouse limited government, private property rights and individual freedom which encourages investment, trade and wealth creation. 

AFP-Texas’ director has been actively engaged in tort reform for over 10 years.  Texas’ tort reforms have helped grow the state’s economy, providing a more predictable judiciary, discouraging frivolous lawsuits and expanding the availability of health care and consumer choices.

More Texas Economic News

In the recent study titled “The Texas Turnaround,” The Perryman Group (Ray Perryman - TPG) measured the incremental gains from tort reform and found that the total impact of tort reforms implemented since 1995 includes gains of $112.5 billion in spending each year as well as almost 499,900 jobs in the state. The fiscal stimulus to the State from judicial reforms is almost $2.6 billion per year increase in state revenue. (http://www.tlrfoundation.com/?q=perryman-group-report).

Texas reforms limited non-economic damages in medical malpractice litigation, which alone lead to gains of $55.3 billion in spending per year and more than 223,000 jobs. In addition, these impacts are responsible for approximately 430,000 individuals having health insurance than would otherwise, and there has been an increase in the number of doctors, particularly in regions which have been facing severe shortages. In the Houston-Sugarland-Baytown area, the impact of tort reform has been astounding. Since 1995:

• Over $39 billion added to the economy
• 152,905 jobs added

(This area of the state experienced the most economic gain)

SUPREME COURT IS BALANCED  

Texas-AFP is working to educate citizens on the role judges play in our economy and why the rule of law is important to our prosperity.   Keeping Texas Competitive: Prosperity in the Lone Star State is AFP-Texas’ publication which addresses what drives prosperity.  History tells us that respect for the rule of law and protection of private property rights are a formula for prosperity.    A government that has respect for the rule of law behaves in a predictable way, allowing businesses and families to plan for and take economic risks without fear of undue influence.   

Courts play an important role in defending the rights of citizens to pursue their dreams and to prosper.  A new paper is out which deserves public attention.    The Supreme Court of Texas takes a consistent, moderately conservative approach, according to a new Federalist Society paper by Aaron M. Streett.  (Streett was listed among the 2006 Texas Monthly "Texas Rising Stars/Super Lawyers" list.)  The court is:

• Proving itself to be quite protective of parental rights and religious liberties
• Increasingly willing to use its mandamus power when rogue lower courts make clearly erroneous decisions
• Been generally skeptical of attempts to expand liability
• The court has also upheld the Legislature’s tort-reform agenda

This is a court that is conservative, but cannot be easily caricatured as ideological or activist.   The Supreme Court of Texas has come through a period of rapid transition, and what some have called the court’s “conservative counterrevolution.” 

The court has set about establishing a consistent, moderately conservative approach that resists expansion of novel causes of action and theories of liability, while continuing to prune some of the precedents established during the previous era.   In fact,  the Texas Supreme Court has continued on the path it forged in the late 1990’s and the early years of the 21^st Century.  While certain lower courts remain friendly to novel theories of liability and broad class actions, those claims receive a skeptical reception in Texas’s highest court.  

Aaron M. Streett – about the author: Aaron M. Streett was named among Texas Monthly 2006 Texas Rising Stars/Super Lawyers. The lawyers received the honor as Texas Rising Stars in their primary practice area.  Law & Politics worked with Texas Super Lawyers magazine on nominating the best up-and-coming lawyers under 40 who have been in practice for 10 years or less. A "Texas Rising Star" is a lawyer who, in the judgment of the nominator, will one day be elected to the ranks of Texas Super Lawyers.  Aaron M. Streett is a Houston attorney in appellate practice. 

Inheritance Rights

AFP-Texas recently held a joint even with the Federalist Society, Austin Lawyers Chapter, featuring writer and commentator Horace Cooper who discussed the need to re-establish the importance of the right to inherit and where the right to dispose of one’s personal property as one wishes are fundamental in our free enterprise system.  Read more about inheritance rights: http://www.estateofdenial.com/2008/10/20/moving-in-the-right-direction/

Tort Reform produced healthy benefits for Texans –Patient Access to Medical Care Has Improved

Physicians have been returning to Texas in mass following reforms in the court system which provided protection for doctors and medical care providers from frivolous lawsuits.

In Harris County alone, 1,537 physicians have been added since passage of the 2003 medical lawsuit reforms.  This represents a 36% greater growth rate than pre-reform.  During the past four years, the growth in the physician workforce has outpaced population growth by 88%.  The greater growth rate has produced the opportunity for 2,439,000 more patient visits per year and a direct economic impact of $379,400,000. 

New additions to the Harris County healthcare community include 153 family practice or family medical physicians, 152 pediatricians, 134 internists and 127 anesthesiologists.  Also new to the county are 89 emergency medicine physicians, 61 cardiologists, 58 pediatric specialists and 47 psychiatrists.  Other notable gains include 45 oncologists, 41 hematologists, 40 gastroenterologists, 29 neurologists, 29 obstetricians and 22 orthopedic surgeons. 

This information is available at:  http://www.tapa.info/html/Improving_Access_GrowthbyCounty.html 

Harris County is not alone.  Tort reform has made the state an attractive place for doctors, and that is good news for patients, according to the Texas Public Policy Foundation’s piece in the Houston Chronicle 11-24-07: http://www.texaspolicy.com/pdf/2007-11-24-HC-DT.pdf  Unless Texas courts turn their back on the successes of these reforms, Texas will continue to be healthier by the day. 

More Texas-specific information is available at the Health Coalition on Liability and Access:

http://www.hcla.org/pdf/HCLA_Binders_2.pdf

Why Doctors are Heading to Texas is an article written by former state Senator Joe Nixon of Houston, author of much of the tort reform legislation passed in Texas.  Nixon wrote that Tennessee doctors are coming to Texas to practice, noting tort reform as the reason. 

http://online.wsj.com/public/article_print/SB121097874071799863.html

          Reforms were just what the doctor ordered 

Background: Chronology of Lawsuit Reforms in Texas  

To sign up to get more information on Good News In Texas, click here: http://www.americansforprosperity.org/goodnews/

     
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