85R3436 SCL-D
By: Rinaldi H.B. No. 1038
A BILL TO BE ENTITLED
AN ACT
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.
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 COSTS AND 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 shall award costs and
reasonable and necessary attorney's fees to the prevailing party if
the prevailing party is the party that filed the motion. 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. 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. Notwithstanding Subsection (c),
the rules may not require that costs and attorney's fees be awarded
to a prevailing party that is not the party that filed the motion.
The rules shall not apply to actions under the Family Code.
SECTION 3. 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 4. This Act takes effect September 1, 2017.