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By: Murr, et al. (Senate Sponsor - Huffman) |
H.B. No. 3300 |
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(In the Senate - Received from the House May 2, 2019; |
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May 3, 2019, read first time and referred to Committee on State |
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Affairs; May 14, 2019, reported favorably by the following vote: |
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Yeas 9, Nays 0; May 14, 2019, sent to printer.) |
Click here to see the committee vote |
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A BILL TO BE ENTITLED
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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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