By: Creighton, Aliseda, Kleinschmidt, H.B. No. 274
      Jackson, Sheets, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the reform of certain remedies and procedures in civil
  actions and family law matters.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. EARLY DISMISSAL OF ACTIONS
         SECTION 1.01.  Section 22.004, Government Code, is amended
  by adding Subsection (g) to read as follows:
         (g)  The supreme court shall adopt rules to provide for the
  dismissal of certain causes of action and defenses that the supreme
  court determines should be disposed of as a matter of law on motion
  and without evidence.  Rules adopted under this subsection do not
  apply to an action under the Family Code.
         SECTION 1.02.  Chapter 30, Civil Practice and Remedies Code,
  is amended by adding Section 30.021 to read as follows:
         Sec. 30.021.  AWARD OF ATTORNEY'S FEES IN RELATION TO
  CERTAIN MOTIONS TO DISMISS. In a civil proceeding, on a trial
  court's granting or denial, in whole or in part, of a motion to
  dismiss filed under the rules adopted by the supreme court under
  Section 22.004(g), Government Code, the court may award costs and
  reasonable and necessary attorney's fees to the prevailing party
  that the court determines are equitable and just.  This section does
  not apply to an action under the Family Code.
  ARTICLE 2. EXPEDITED CIVIL ACTIONS
         SECTION 2.01.  Section 22.004, Government Code, is amended
  by adding Subsection (h) to read as follows:
         (h)  The supreme court shall adopt rules to promote the
  prompt, efficient, and cost-effective resolution of civil actions.  
  The rules shall apply to civil actions in district courts, county
  courts at law, and statutory probate courts in which the amount in
  controversy, inclusive of all claims for damages of any kind,
  whether actual or exemplary, a penalty, attorney's fees, expenses,
  costs, interest, or any other type of damage of any kind, does not
  exceed $100,000. The rules shall address the need for lowering
  discovery costs in these actions and the procedure for ensuring
  that these actions will be expedited in the civil justice system.
  The supreme court may not adopt rules under this subsection that
  conflict with a provision of:
               (1)  Chapter 74, Civil Practice and Remedies Code;
               (2)  the Family Code;
               (3)  the Property Code; or
               (4)  the Tax Code.
  ARTICLE 3. NO IMPLIED CAUSE OF ACTION
         SECTION 3.01.  Subchapter C, Chapter 311, Government Code,
  is amended by adding Section 311.035 to read as follows:
         Sec. 311.035.  NO IMPLIED CAUSE OF ACTION. A statute may not
  be construed to create a cause of action unless the statute by clear
  and unambiguous language creates a cause of action.  This section
  does not apply to an action under the Family Code.
  ARTICLE 4. APPEAL OF CONTROLLING QUESTION OF LAW
         SECTION 4.01.  Section 51.014, Civil Practice and Remedies
  Code, is amended by amending Subsections (d) and (e) and adding
  Subsection (f) to read as follows:
         (d)  On a party's motion or on its own initiative, a trial
  court in a civil action [A district court, county court at law, or
  county court] may, by [issue a] written order, permit an appeal from
  an order that is [for interlocutory appeal in a civil action] not
  otherwise appealable [under this section] if:
               (1)  [the parties agree that] the order to be appealed
  involves a controlling question of law as to which there is a
  substantial ground for difference of opinion; and
               (2)  an immediate appeal from the order may materially
  advance the ultimate termination of the litigation[; and
               [(3)  the parties agree to the order].
         (e)  An appeal under Subsection (d) does not stay proceedings
  in the trial court unless:
               (1)  the parties agree to a stay; or
               (2)  [and] the trial or appellate court[, the court of
  appeals, or a judge of the court of appeals] orders a stay of the
  proceedings pending appeal.
         (f)  An appellate court may accept an appeal permitted by
  Subsection (d) if the appealing party, not later than the 15th day
  after the date the trial court signs the order to be appealed, files
  in the court of appeals having appellate jurisdiction over the
  action an application for interlocutory appeal explaining why an
  appeal is warranted under Subsection (d). If the court of appeals
  accepts the appeal, the appeal is governed by the procedures in the
  Texas Rules of Appellate Procedure for pursuing an accelerated
  appeal. The date the court of appeals enters the order accepting
  the appeal starts the time applicable to filing the notice of
  appeal.
         SECTION 4.02.  Section 22.225(d), Government Code, is
  amended to read as follows:
         (d)  A petition for review is allowed to the supreme court
  for an appeal from an interlocutory order described by Section
  51.014(a)(3), (6), or (11), or (d), Civil Practice and Remedies
  Code.
  ARTICLE 5. RECOVERY OF ATTORNEY'S FEES
         SECTION 5.01.  Section 38.001, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 38.001.  RECOVERY OF ATTORNEY'S FEES. A person may
  recover reasonable attorney's fees from an individual or
  corporation, in addition to the amount of a valid claim and costs,
  if the claim is for:
               (1)  rendered services;
               (2)  performed labor;
               (3)  furnished material;
               (4)  freight or express overcharges;
               (5)  lost or damaged freight or express;
               (6)  killed or injured stock;
               (7)  a sworn account; or
               (8)  an appeal to the court under Section 11.43, Tax
  Code, or an appeal to the court of a determination of an appraisal
  review board on a motion filed under Section 11.45, Tax Code [an
  oral or written contract].
         SECTION 5.02.  Chapter 38, Civil Practice and Remedies Code,
  is amended by adding Section 38.0015 to read as follows:
         Sec. 38.0015.  ORAL AND WRITTEN CONTRACTS. Unless otherwise
  provided in a written contract, the prevailing party may recover
  reasonable attorney's fees from an individual, corporation, or
  other legal entity if the claim is for breach of an oral or written
  contract.
         SECTION 5.03.  Section 38.002, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 38.002.  PROCEDURE FOR RECOVERY OF ATTORNEY'S FEES. To
  recover attorney's fees under this chapter:
               (1)  the person seeking to recover attorney's fees
  [claimant] must be represented by an attorney;
               (2)  the claimant must present the claim to the
  opposing party or to a duly authorized agent of the opposing party;
  and
               (3)  payment for the just amount owed, if any, must not
  have been tendered before the expiration of the 30th day after the
  claim is presented.
  ARTICLE 6. ALLOCATION OF LITIGATION COSTS
         SECTION 6.01.  Sections 42.001(5) and (6), Civil Practice
  and Remedies Code, are amended to read as follows:
               (5)  "Litigation costs" means money actually spent and
  obligations actually incurred that are directly related to the
  action [case] in which a settlement offer is made. The term
  includes:
                     (A)  court costs;
                     (B)  reasonable deposition costs;
                     (C)  reasonable fees for not more than two
  testifying expert witnesses; and
                     (D) [(C)]  reasonable attorney's fees.
               (6)  "Settlement offer" means an offer to settle or
  compromise a claim made in compliance with Section 42.003 [this
  chapter].
         SECTION 6.02.  Sections 42.002(b), (d), and (e), Civil
  Practice and Remedies Code, are amended to read as follows:
         (b)  This chapter does not apply to:
               (1)  a class action;
               (2)  a shareholder's derivative action;
               (3)  an action by or against a governmental unit;
               (4)  an action brought under the Family Code;
               (5)  an action to collect workers' compensation
  benefits under Subtitle A, Title 5, Labor Code; or
               (6)  an action filed in a justice of the peace court or
  a small claims court.
         (d)  This chapter does not limit or affect the ability of any
  person to:
               (1)  make an offer to settle or compromise a claim that
  does not comply with Section 42.003 [this chapter]; or
               (2)  offer to settle or compromise a claim in an action
  to which this chapter does not apply.
         (e)  An offer to settle or compromise that does not comply
  with Section 42.003 [is not made under this chapter] or an offer to
  settle or compromise made in an action to which this chapter does
  not apply does not entitle any [the offering] party to recover
  litigation costs under this chapter.
         SECTION 6.03.  Section 42.003, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 42.003.  MAKING SETTLEMENT OFFER. (a)  After a
  defendant files a declaration under Section 42.002(c), the
  defendant filing the declaration and any party with a claim against
  that defendant may make a settlement offer to settle all claims in
  the action between the parties.
         (b)  A settlement offer must:
               (1)  be in writing;
               (2)  state that it is made under this chapter;
               (3)  state the terms by which the claims may be settled;
               (4)  state a deadline by which the settlement offer
  must be accepted; and
               (5)  be served on all parties to whom the settlement
  offer is made.
         (c)  The parties are not required to file a settlement offer
  with the court.
         SECTION 6.04.  Section 42.004(c), Civil Practice and
  Remedies Code, is amended to read as follows:
         (c)  The litigation costs that may be recovered by the
  offering party under this section are limited to those litigation
  costs incurred by the offering party after the date the rejecting
  party rejected the earliest settlement offer that entitles the
  party to an award of litigation costs under this section.
         SECTION 6.05.  Sections 42.004(d) and (g), Civil Practice
  and Remedies Code, are repealed.
  ARTICLE 7.  DESIGNATION OF RESPONSIBLE THIRD PARTIES
         SECTION 7.01.  Section 33.004(e), Civil Practice and
  Remedies Code, is repealed.
  ARTICLE 8.  FAMILY LAW MATTERS
         SECTION 8.01.  Title 6, Civil Practice and Remedies Code, is
  amended by adding Chapter 148 to read as follows:
 
  CHAPTER 148.  APPLICATION OF FOREIGN LAWS; SELECTION OF FOREIGN
  FORUM
         Sec. 148.001.  DEFINITION.  In this chapter, "foreign law" 
  means a law, rule, or legal code of a jurisdiction outside of the
  states and territories of the United States.
         Sec. 148.002.  DECISION BASED ON FOREIGN LAW.  A ruling or
  decision of a court, arbitrator, or administrative adjudicator on a
  matter arising under the Family Code may not be based on a foreign
  law if the application of that law would violate a right guaranteed
  by the United States Constitution or the constitution or a statute
  of this state.
         Sec. 148.003.  CHOICE OF FOREIGN LAW OR FORUM IN CONTRACT.  
  (a)  A contract provision providing that a foreign law is to govern
  a dispute arising under the Family Code is void to the extent that
  the application of the foreign law to the dispute would violate a
  right guaranteed by the United States Constitution or the
  constitution of this state.
         (b)  A contract provision providing that the forum to resolve
  a dispute arising under the Family Code is located outside the
  states and territories of the United States is void if the foreign
  law that would be applied to the dispute in that forum would, as
  applied, violate a right guaranteed by the United States
  Constitution or the constitution of this state.
         SECTION 8.02.  (a)  Section 148.002, Civil Practice and
  Remedies Code, as added by this Act, applies only to a ruling or
  decision that becomes final on or after the effective date of this
  Act.  A ruling or decision that becomes final before the effective
  date of this Act and any appeal of that ruling or decision are
  governed by the law in effect immediately before the effective date
  of this Act, and that law is continued in effect for that purpose.
         (b)  Section 148.003, Civil Practice and Remedies Code, as
  added by this Act, applies only to a contract entered into on or
  after the effective date of this Act.  A contract entered into
  before the effective date of this Act is governed by the law in
  effect immediately before that date, and that law is continued in
  effect for that purpose.
         SECTION 8.03.  This Act takes effect September 1, 2011.
  ARTICLE 9. CONTESTED TAX APPRAISAL COSTS
         SECTION 9.01.  In an action contesting a tax appraisal a
  taxpayer who prevails is entitled to an award of costs and
  attorney's fees. If the appraisal district or taxing authority
  prevails the appraisal district or taxing authority is not entitled
  to costs and attorney's fees.
  ARTICLE 10. EFFECTIVE DATE
         SECTION 10.01.  The changes in law made by this Act apply
  only to a civil action commenced on or after the effective date of
  the change in law as provided by this article. A civil action
  commenced before the effective date of the change in law as provided
  by this article is governed by the law in effect immediately before
  the effective date of the change in law, and that law is continued
  in effect for that purpose.
         SECTION 10.02.  (a) Except as provided by Subsection (b) of
  this section:
               (1)  this Act takes effect immediately if it receives a
  vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution; and
               (2)  if this Act does not receive the vote necessary for
  immediate effect, this Act takes effect September 1, 2011.
         (b)  Articles 4, 5, 6, and 7 of this Act take effect September
  1, 2011.