86R2975 SCL-D
 
  By: Murr H.B. No. 3300
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an 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 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 change in law made by this Act applies 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, 2019.