83R9988 SCL-D
By: Lucio III H.B. No. 1808
A BILL TO BE ENTITLED
AN ACT
relating to an award of attorney's fees for certain dismissed
claims joined to an action under the Family Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.021, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 30.021. AWARD OF ATTORNEY'S FEES IN RELATION TO
CERTAIN MOTIONS TO DISMISS. (a) In a civil proceeding, on a trial
court's granting or denial, in whole or in part, of a motion to
dismiss filed under the rules adopted by the supreme court under
Section 22.004(g), Government Code, the court shall award costs and
reasonable and necessary attorney's fees to the prevailing
party. This section does not apply to actions by or against the
state, other governmental entities, or public officials acting in
their official capacity or under color of law.
(b) Subsection (a) applies to the dismissal of a tort claim
joined to an action under the Family Code.
SECTION 2. Section 22.004(g), Government Code, is amended
to read as follows:
(g) The supreme court shall adopt rules to provide for the
dismissal of causes of action that have no basis in law or fact on
motion and without evidence. The rules shall provide that the
motion to dismiss shall be granted or denied within 45 days of the
filing of the motion to dismiss. Except as provided by Section
30.021, Civil Practice and Remedies Code, the [The] rules shall not
apply to actions under the Family Code.
SECTION 3. The change in law made by this Act applies only
to an action commencing on or after the effective date of this Act.
An action commencing before the effective date of this Act is
governed by the law as it existed on the date the action commenced,
and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2013.