Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1038 by Rinaldi (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.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code and the Government Code to address awards of attorney's fees and costs arising from causes of action challenged for lack of basis in law or fact to clarify that the prevailing party may recover attorney's fees and costs only if the prevailing party is the party that filed the motion to dismiss and would also prevent the Supreme Court from exercising its authority to repeal this new provision. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council