85R26259 SCL-D
By: Rinaldi, Meyer H.B. No. 1038
Substitute the following for H.B. No. 1038:
By: Rinaldi C.S.H.B. No. 1038
A BILL TO BE ENTITLED
AN ACT
relating to an award of costs and attorney's fees in a motion to
dismiss for certain actions that have no basis in law or fact.
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. 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 may [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.
SECTION 2. The changes in law made by this Act apply only to
a civil action commenced on or after the effective date of this Act.
A civil action commenced before the effective date of this Act is
governed by the law applicable to the action immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2017.