Part Three: Constitutional Challenges to Chapter 74 and Proposition 12: Comprehensive Tort Reform through House Bill 4 (H.B. 4) by the Texas Legislature

This article examines constitutional challenges to Texas’s medical malpractice reforms enacted through Chapter 74 of the Texas Civil Practice and Remedies Code and Proposition 12. The authors analyze claims brought under the Texas Constitution, including challenges based on separation of powers, open courts, equal protection, and the right to trial by jury. Part Three reviews key judicial decisions addressing these challenges and evaluates the reasoning courts have used to uphold or reject the reforms. The article situates these constitutional disputes within the broader context of tort reform and legislative authority to restructure civil liability. It concludes that constitutional litigation has played a central role in defining the durability and scope of Texas’s medical malpractice reforms.