Texas House Bill HB913

Texas 2021 - 87th Regular

Caption

Relating to an award of costs and attorney's fees and the imposition of sanctions in certain suits for the dissolution of a marriage or affecting the parent-child relationship.

Impact

The implications of HB 913 are significant for family law cases in Texas. It establishes a framework where parties can be held accountable for frivolous removal of cases to federal court. This can discourage unnecessary delays in court proceedings that could harm involved parties, thus promoting a more efficient legal process. By imposing potential sanctions and awarding fees, the bill aims to deter litigants from using the federal court system as a means to escape unfavorable situations in family law disputes.

Summary

House Bill 913 relates to the awarding of costs and attorney's fees, as well as the imposition of sanctions in certain family law suits, specifically those concerning the dissolution of marriage and matters affecting parent-child relationships. The bill introduces new provisions to the Texas Family Code by allowing courts to take actions if a party has removed a case to federal court under certain circumstances. If the federal court later remands the case back to state court and finds that the removal was made frivolously or to gain an unfair advantage, it can lead to consequences for the party who attempted the removal.

Contention

Notably, HB 913 addresses concerns regarding the abuse of the legal system by individuals who might seek to exploit procedural technicalities for tactical advantages in family law cases. Critics of such provisions may argue that imposing sanctions could lead to an environment where reasonable legal strategy is penalized, especially in emotionally charged cases like custody disputes or divorce proceedings. The balance between preventing frivolous legal maneuvers and allowing fair legal representation is likely to be a point of contention as the bill is discussed in legislative forums.