Because of efforts by many concerned Texans, individuals and small businesses were able to prevent the original version of "Loser Pays" from being passed.
The less horrible version of Loser Pays that was passed and signed by Governor Perry still has fundamental flaws and is largely redundant of protective measures that have been in place against frivolous lawsuits for ages.
Ultra Conservatives and pundits are attempting to spin the passage of Loser Pays as a "win" for small businesses. They are mistaken. First, the version of the bill that was finally passed is far less draconian than the original draft that would have converted Texas to the "British Rule" instead of the "American Rule". Second, it is fundamentally flawed to believe that taking away equal access to the courts to adjudicate wrongs "helps" small businesses or individuals.
If we lose access to the courts, and only the mega-rich and huge companies can afford to litigate their disputes, we lose a fundamental right that allows for the peaceful and complete resolution of disputes. Our judicial system, and the belief in the right to have disputes heard on a level playing field by a jury of peers, is a precious right that we cannot squander in the name of big business.
Thank you to the efforts of all concerned Texans who made their voices heard on this issue and who helped prevent the original "Loser Pays" legislation from passing.