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A BILL TO BE ENTITLED
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AN ACT
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relating to the award of costs and attorney's fees in a motion to |
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dismiss for certain actions that have no basis in law or fact. |
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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 COSTS AND ATTORNEY'S FEES IN RELATION |
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TO CERTAIN MOTIONS TO DISMISS. 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 party if |
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the prevailing party is the party that filed the motion. This |
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section does not apply to actions by or against the state, other |
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governmental entities, or public officials acting in their official |
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capacity or under color of law. |
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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. Notwithstanding Subsection (c), |
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the rules may not require that costs and attorney's fees be awarded |
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to a prevailing party that is not the party that filed the motion. |
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The rules shall not apply to actions under the Family Code. |
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SECTION 3. The changes in law made by this Act apply only to |
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a civil action commenced on or after the effective date of this Act. |
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A civil action commenced before the effective date of this Act is |
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governed by the law applicable to the action immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |