| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to an award of costs an 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 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 [shall] award |
|
|
costs and reasonable and necessary attorney's fees to the |
|
|
prevailing party. 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. 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 3. This Act takes effect September 1, 2017. |