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AN ACT
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relating to an 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 ATTORNEY'S FEES IN RELATION TO |
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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 may [shall] award |
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costs and reasonable and necessary attorney's fees to the |
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prevailing party. This section does not apply to actions by or |
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against the state, other governmental entities, or public officials |
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acting in their official capacity or under color of law. |
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SECTION 2. The change in law made by this Act applies only |
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to a civil action commenced on or after the effective date of this |
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Act. A civil action commenced before the effective date of this Act |
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is governed by the law applicable to the action immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3300 was passed by the House on May 2, |
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2019, by the following vote: Yeas 136, Nays 5, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3300 was passed by the Senate on May |
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21, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |