Washington, Mar 2, 2005 -

Governor James Stephen Hogg, the first native-born governor of Texas, requested that when he died, no monument be placed at his grave; but that instead there be planted, “at my head a pecan tree, and at my feet an old-fashioned walnut, and when these trees shall bear, let the pecans and walnuts be given out among the Plains people of Texas, so that they may plant them and make Texas a land of trees.”

As I go throughout my week in Washington D.C., it is imperative I remember the reason God has put me in this position.  To serve the constituents of this nation and to adhere to what I know is right by the laws of this country.  It is my duty as a servant of the people to protect the integrity of America and preserve it for the future. 

This past week, the 109^th session of Congress had the opportunity to plant seeds of progress for future generations of American citizens.  Thursday, the House voted on H.R. 96, the Class Action Fairness Act of 2005.  This act is important because it reforms the courts by addressing the most serious problems of lawsuit abuse, specifically in class action lawsuits. 

Over the past few years, this country has witnessed an explosion of interstate class actions that are being filed in the state courts.  These courts routinely approve settlements in which lawyers receive large fee awards and the class members receive hardly anything.  This action does not affect any injured individual’s right to obtain damages for harm done to them.  It does not limit damages and it does not impose stricter pleading requirements.  The federal courts would still be required to apply the state’s laws when reaching a legal decision on a class action lawsuit. 

Fairness is the key word when discussing the logistics of this resolution.  It is important that people not be taken advantage of, and the Class Action Fairness Act will close in on the many loopholes created by these lawsuits.  Since the founding of this country, federal jurisdiction has existed over cases between citizens of different states involving large amounts of money; however, in the past, class action cases involving parties from many states and millions of dollars have been excluded from this rule.  This act creates federal jurisdiction over class actions that involve large sums of money and there are at least 100 class members from different states.

Congress has covered all of the basics with H.R. 96 to ensure the proper use of the law.  The act has been carefully tailored to guarantee that only lawsuits which are truly interstate will end up in the federal courts, and it prohibits lawyers from working around ways to stay out of federal courts, like naming a local pharmacy or convenience store in a nationwide product liability suit.  The act also contains a list of provisions, titled the Consumer Class Action Bill of Rights, designed to ensure that the class members, not their attorneys, will be the beneficiaries of the class action process.

Texans want to see this nation conduct business in a just manner.  They want to see things happen the right way; they want to protect their families from the loopholes of class action lawsuits and see this country grow and prosper through the integrity of the laws that have been laid by our founding fathers.

To ensure the growth of integrity in our future, we must first begin by planting the right seeds today.  Let’s take the initiative and give our children and grandchildren a foundation that is deeply rooted with integrity and character so they can ensure the great laws of our nation and state will stay true to the people they protect.