| 1 | 1 | | 85R26259 SCL-D |
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| 2 | 2 | | By: Rinaldi, Meyer H.B. No. 1038 |
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| 3 | 3 | | Substitute the following for H.B. No. 1038: |
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| 4 | 4 | | By: Rinaldi C.S.H.B. No. 1038 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to an award of costs and attorney's fees in a motion to |
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| 10 | 10 | | dismiss for certain actions that have no basis in law or fact. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 30.021, Civil Practice and Remedies |
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| 13 | 13 | | Code, is amended to read as follows: |
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| 14 | 14 | | Sec. 30.021. AWARD OF ATTORNEY'S FEES IN RELATION TO |
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| 15 | 15 | | CERTAIN MOTIONS TO DISMISS. In a civil proceeding, on a trial |
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| 16 | 16 | | court's granting or denial, in whole or in part, of a motion to |
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| 17 | 17 | | dismiss filed under the rules adopted by the supreme court under |
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| 18 | 18 | | Section 22.004(g), Government Code, the court may [shall] award |
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| 19 | 19 | | costs and reasonable and necessary attorney's fees to the |
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| 20 | 20 | | prevailing party. This section does not apply to actions by or |
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| 21 | 21 | | against the state, other governmental entities, or public officials |
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| 22 | 22 | | acting in their official capacity or under color of law. |
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| 23 | 23 | | SECTION 2. The changes in law made by this Act apply only to |
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| 24 | 24 | | a civil action commenced on or after the effective date of this Act. |
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| 25 | 25 | | A civil action commenced before the effective date of this Act is |
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| 26 | 26 | | governed by the law applicable to the action immediately before the |
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| 27 | 27 | | effective date of this Act, and that law is continued in effect for |
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| 28 | 28 | | that purpose. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2017. |
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