SB 30 Moves Forward: From Tort Reform Flashpoint to Complex Procedural Overhaul By Zeke Moya | May 22, 2025

Texas Senate Bill 30 (SB 30) continues to evolve as one of the most closely watched civil justice reform proposals in recent memory. While the bill’s journey began with bold proposals to impose strict limits on medical damages and non-economic recovery, its current form reflects months of negotiation, legislative compromise, and public testimony.

Here’s a breakdown of how SB 30 has changed—and where it stands now.

🏛️ The Original SB 30: Aimed at Capping Recovery and Increasing Uniformity

Filed during the 89th Texas Legislature, the original version of SB 30 introduced sweeping changes:

• Medical Damages Cap: Limited unpaid medical damages to 150% of private payer rates, derived from the Texas All-Payor Claims Database.

  
  

• Non-Economic Damages Definition: Sharply narrowed recoverable mental anguish, disfigurement, and loss of enjoyment of life.

  
  

• Remittitur Triggers: If non-economic damages exceeded preset monetary thresholds (e.g., $1M for mental anguish), the trial court would be required to remit or justify the award.

  
  

• Jury Unanimity Requirement: Required unanimous jury findings for non-economic damage awards.

  
  

• Referral Disclosures: Made referral relationships between attorneys and providers automatically admissible, regardless of whether the provider testified.

  
  

While insurers and business groups praised these proposals, critics—including survivors, trial lawyers, and some physicians—argued the bill went too far in limiting access to fair compensation and infringing on jury rights.

⚖️ The Senate Engrossed Version: A Strategic Retreat

After public hearings and amendments, SB 30 passed the Texas Senate on April 16, 2025 by a vote of 20-11. The Engrossed version preserved many of the bill’s structural reforms but walked back some of the more controversial provisions:

• Medical Damages Benchmark Revised: Replaced the All-Payor Claims Database with a 300% Medicare cap, applicable only to care provided under letters of protection (LOPs).

  
  

• Remittitur and Jury Unanimity Dropped: The mandatory remittitur provisions and the unanimity requirement for non-economic damages were removed.

  
  

• Refined Disclosure Rules: Referral and financial relationship disclosures were only admissible if the provider testified or their records were used at trial.

  
  

• 18.001 Affidavits: Replaced counteraffidavits with a notice of intent to controvert, easing procedural burdens on defendants.

  
  

The Senate’s version retained the bill’s core: promoting billing transparency, limiting recovery based on inflated charges, and increasing predictability in jury verdicts.

🧾 The House Committee Substitute (May 21, 2025): A Procedural and Evidentiary Shift

The House Committee Substitute released on May 21, 2025 significantly restructures how health care damages and trial disclosures function in Texas litigation. While it keeps SB 30’s transparency goals, it offers a more flexible and detailed procedural framework.

Key Changes:

• No More Medicare Cap: Instead of a one-size-fits-all cap, evidence that may be offered to prove the amount of healthcare expenses includes:

  • Medicare rates

  • Texas Workers’ Compensation fee guidelines

  • Usual & Customary (UCR) rates

  • Provider’s contracted rates or collected charges

  • Billed charges (as a last resort)

    
    

• Stricter Evidentiary Rules: Medical billing evidence must now include CPT/HCPCS codes, service dates, and descriptions, and must be disclosed at least 45 days before trial if introduced via expert.

  
  

• Expanded Disclosures:

  • Attorneys must disclose referral sources and the number of past referrals to each provider.

  • Providers must disclose payment histories and referral volumes from the referring attorney.

  • Letters of protection and financial arrangements are automatically admissible if the provider testifies or records are introduced.

    
    

• Mental Anguish Recovery: Recovery remains limited to grievous, debilitating distress that causes substantial disruption to daily life, arising from defined categories like disfigurement or loss of companionship.

  
  

• 18.001 Affidavit Reform: Affidavits are stripped of evidentiary weight once controverted. A notice of intent to controvert replaces the former counteraffidavit requirement.

  
  

• Effective Date:

  • Immediately if the bill receives a two-thirds vote in both chambers.

  • Otherwise, it takes effect on September 1, 2025.

  • Applies to cases filed on or after the effective date, or tried on or after January 1, 2026.

    
    

🧭 Where We Stand Now

SB 30 is now in the hands of the Texas House, where further amendments and negotiations are possible. The House version represents a deliberate shift from hard caps to data-driven, procedure-based reform, which may help it withstand both political and constitutional scrutiny.

For insurers, businesses, and litigators, the bill’s latest version signals a more sophisticated approach to controlling damages while preserving access to trial and jury discretion. Whether it passes in its current form—or is reshaped again on the floor—SB 30 is poised to have lasting implications on how personal injury cases are litigated in Texas.

Zeke Moya is a civil litigator and former U.S. Army officer representing insurers, hospitals, and businesses in South Texas. He tracks legislative developments that impact Texas litigation strategy, risk exposure, and trial outcomes.