| 1 | 1 | | 88R10896 MZM-D |
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| 2 | 2 | | By: Johnson S.B. No. 1843 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the award of attorney's fees in an action involving the |
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| 8 | 8 | | exercise of certain constitutional rights. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 27.009(a), Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | (a) Except as provided by Subsection (c), if the court |
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| 13 | 13 | | orders dismissal of a legal action under this chapter, the court: |
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| 14 | 14 | | (1) shall award to the moving party court costs and |
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| 15 | 15 | | reasonable attorney's fees for [incurred in] defending against the |
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| 16 | 16 | | legal action; and |
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| 17 | 17 | | (2) may award to the moving party sanctions against |
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| 18 | 18 | | the party who brought the legal action as the court determines |
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| 19 | 19 | | sufficient to deter the party who brought the legal action from |
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| 20 | 20 | | bringing similar actions described in this chapter. |
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| 21 | 21 | | SECTION 2. The change in law made by this Act applies only |
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| 22 | 22 | | to an action filed on or after the effective date of this Act. An |
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| 23 | 23 | | action filed before the effective date of this Act is governed by |
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| 24 | 24 | | the law as it existed immediately before that date, and that law is |
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| 25 | 25 | | continued in effect for that purpose. |
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| 26 | 26 | | SECTION 3. This Act takes effect September 1, 2023. |
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