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A BILL TO BE ENTITLED
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AN ACT
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relating to an award of attorney's fees for certain dismissed |
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claims joined to an action under the Family Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 30.021, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 30.021. AWARD OF ATTORNEY'S FEES IN RELATION TO |
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CERTAIN MOTIONS TO DISMISS. (a) In a civil proceeding, on a trial |
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court's granting or denial, in whole or in part, of a motion to |
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dismiss filed under the rules adopted by the supreme court under |
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Section 22.004(g), Government Code, the court shall award costs and |
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reasonable and necessary attorney's fees to the prevailing |
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party. This section does not apply to actions by or against the |
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state, other governmental entities, or public officials acting in |
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their official capacity or under color of law. |
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(b) Subsection (a) applies to the dismissal of a tort claim |
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joined to an action under the Family Code. |
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SECTION 2. Section 22.004(g), Government Code, is amended |
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to read as follows: |
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(g) The supreme court shall adopt rules to provide for the |
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dismissal of causes of action that have no basis in law or fact on |
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motion and without evidence. The rules shall provide that the |
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motion to dismiss shall be granted or denied within 45 days of the |
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filing of the motion to dismiss. Except as provided by Section |
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30.021, Civil Practice and Remedies Code, the [The] rules shall not |
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apply to actions under the Family Code. |
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SECTION 3. The change in law made by this Act applies only |
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to an action commencing on or after the effective date of this Act. |
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An action commencing before the effective date of this Act is |
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governed by the law as it existed on the date the action commenced, |
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and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |