LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION April 7, 2017 TO: Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB1038 by Rinaldi (Relating to the award of costs and attorney's fees in a motion to dismiss for certain actions that have no basis in law or fact.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Civil Practice and Remedies Code and the Government Code to address awards of attorney's fees and costs arising from causes of action challenged for lack of basis in law or fact to clarify that the prevailing party may recover attorney's fees and costs only if the prevailing party is the party that filed the motion to dismiss and would also prevent the Supreme Court from exercising its authority to repeal this new provision. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council LBB Staff: UP, LBO, GDz
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
April 7, 2017
TO: Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB1038 by Rinaldi (Relating to the award of costs and attorney's fees in a motion to dismiss for certain actions that have no basis in law or fact.), As Introduced
TO: Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB1038 by Rinaldi (Relating to the award of costs and attorney's fees in a motion to dismiss for certain actions that have no basis in law or fact.), As Introduced
Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB1038 by Rinaldi (Relating to the award of costs and attorney's fees in a motion to dismiss for certain actions that have no basis in law or fact.), As Introduced
HB1038 by Rinaldi (Relating to the award of costs and attorney's fees in a motion to dismiss for certain actions that have no basis in law or fact.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code and the Government Code to address awards of attorney's fees and costs arising from causes of action challenged for lack of basis in law or fact to clarify that the prevailing party may recover attorney's fees and costs only if the prevailing party is the party that filed the motion to dismiss and would also prevent the Supreme Court from exercising its authority to repeal this new provision. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: UP, LBO, GDz
UP, LBO, GDz