Texas Senate Bill SB1946

Texas 2017 - 85th Regular

Caption

Relating to an award of costs an attorney's fees in a motion to dismiss for certain actions that have no basis in law or fact.

Impact

The amendment is designed to streamline legal proceedings by allowing courts to impose costs for motions deemed to lack a reasonable basis in law or fact. This change could deter frivolous lawsuits by incentivizing the prevailing party to seek compensation for legal expenses incurred during such motions. The new rule will only apply to civil actions that commence after the bill's effective date, ensuring that ongoing cases are not retroactively affected by these changes.

Summary

Senate Bill 1946 proposes amendments to Section 30.021 of the Civil Practice and Remedies Code regarding the award of costs and attorney's fees in civil actions that involve a motion to dismiss. Specifically, it stipulates that a court may award reasonable and necessary attorney’s fees to the prevailing party when a motion to dismiss is granted or denied, either fully or partially. However, this provision is not applicable to actions involving the state, governmental entities, or public officials acting in their official capacity.

Contention

One of the notable points of contention surrounding SB1946 is the potential impact it may have on access to justice. Proponents argue that it could help prevent abuse of the legal system by discouraging baseless lawsuits, thereby protecting legitimate defendants from unnecessary legal costs. Critics, however, raise concerns that the bill might discourage individuals from filing valid claims due to the fear of incurring significant attorney's fees if their cases are dismissed. This tension highlights the ongoing debate about balancing the interests of plaintiffs and defendants in civil litigation.