| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | By: Hughes S.B. No. 1946 | |
| 2 | 2 | ||
| 3 | 3 | ||
| 4 | 4 | A BILL TO BE ENTITLED | |
| 5 | 5 | AN ACT | |
| 6 | 6 | relating to an award of costs an attorney's fees in a motion to | |
| 7 | 7 | dismiss for certain actions that have no basis in law or fact. | |
| 8 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 9 | 9 | SECTION 1. Section 30.021, Civil Practice and Remedies | |
| 10 | 10 | Code, is amended to read as follows: | |
| 11 | 11 | Sec. 30.021. AWARD OF ATTORNEY'S FEES IN RELATION TO | |
| 12 | 12 | CERTAIN MOTIONS TO DISMISS. In a civil proceeding, on a trial | |
| 13 | 13 | court's granting or denial, in whole or in part, of a motion to | |
| 14 | 14 | dismiss filed under the rules adopted by the supreme court under | |
| 15 | 15 | Section 22.004(g), Government Code, the court may [shall] award | |
| 16 | 16 | costs and reasonable and necessary attorney's fees to the | |
| 17 | 17 | prevailing party. This section does not apply to actions by or | |
| 18 | 18 | against the state, other governmental entities, or public officials | |
| 19 | 19 | acting in their official capacity or under color of law. | |
| 20 | 20 | SECTION 2. The changes in law made by this Act apply only to | |
| 21 | 21 | a civil action commenced on or after the effective date of this Act. | |
| 22 | 22 | A civil action commenced before the effective date of this Act is | |
| 23 | 23 | governed by the law applicable to the action immediately before the | |
| 24 | 24 | effective date of this Act, and that law is continued in effect for | |
| 25 | 25 | that purpose. | |
| 26 | 26 | SECTION 3. This Act takes effect September 1, 2017. |