85R3436 SCL-D

By: Rinaldi H.B. No. 1038

A BILL TO BE ENTITLED

AN ACT

relating to the award of costs and attorney's fees in a motion to dismiss for certain actions that have no basis in law or fact.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 30.021, Civil Practice and Remedies Code, is amended to read as follows:

Sec. 30.021. AWARD OF COSTS AND 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 shall award costs and reasonable and necessary attorney's fees to the prevailing party if the prevailing party is the party that filed the motion. This section does not apply to actions by or against the state, other governmental entities, or public officials acting in their official capacity or under color of law.

SECTION 2. Section 22.004(g), Government Code, is amended to read as follows:

(g) The supreme court shall adopt rules to provide for the dismissal of causes of action that have no basis in law or fact on motion and without evidence. The rules shall provide that the motion to dismiss shall be granted or denied within 45 days of the filing of the motion to dismiss. Notwithstanding Subsection (c), the rules may not require that costs and attorney's fees be awarded to a prevailing party that is not the party that filed the motion. The rules shall not apply to actions under the Family Code.

SECTION 3. The changes in law made by this Act apply only to a civil action commenced on or after the effective date of this Act. A civil action commenced before the effective date of this Act is governed by the law applicable to the action immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2017.