| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to rules adopted by the Texas Supreme Court to promote the |
|
|
expedited resolution of a civil action. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 22.004(h), Government Code, is amended |
|
|
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. Attorney's fees are not included in |
|
|
determining the amount in controversy under this subsection. |
|
|
Notwithstanding any other law, the rules shall provide that |
|
|
attorney's fees awarded in an action under this subsection may not |
|
|
exceed $50,000. 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. |
|
|
SECTION 2. Not later than January 1, 2018, the Texas Supreme |
|
|
Court shall adopt rules necessary to implement Section 22.004(h), |
|
|
Government Code, as amended by this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2017. |