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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 and the imposition |
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of sanctions in certain suits for the dissolution of a marriage or |
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affecting the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 6, Family Code, is amended |
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by adding Section 6.7081 to read as follows: |
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Sec. 6.7081. ATTORNEY'S FEES AND EXPENSES FOLLOWING REMOVAL |
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IN CERTAIN CIRCUMSTANCES. (a) A court with jurisdiction of a suit |
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filed under this chapter may, on its own motion or on the motion of a |
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party, take action as provided under Subsection (b) if: |
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(1) a party previously removed the suit to federal |
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court; and |
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(2) the court with jurisdiction finds that the federal |
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court to which the case was removed has: |
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(A) remanded the proceedings to state court; |
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(B) assessed attorney's fees or other costs of |
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suit against the removing party or the removing party's counsel; |
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and |
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(C) determined that the removal was: |
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(i) frivolous; |
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(ii) filed for the purpose of delaying the |
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state court suit or avoiding an unfavorable decision by the state |
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court; |
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(iii) filed for the purpose of gaining an |
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advantage over another party in the state court suit; or |
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(iv) filed for the purpose of causing |
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damage to another party in the state court suit. |
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(b) If the court with jurisdiction of the suit makes a |
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finding described by Subsection (a), the court may: |
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(1) award to a party that did not remove the case to |
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federal court: |
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(A) the reasonable attorney's fees and expenses |
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incurred by the party due to the removal; |
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(B) other damages incurred by the party due to |
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the removal; and |
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(C) postjudgment interest on any attorney's |
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fees, costs, and damages awarded to the party; |
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(2) impose monetary sanctions on the party that |
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removed the case to federal court, the removing party's attorney, |
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or both the removing party and the removing party's attorney; and |
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(3) take any action as authorized by the Texas Rules of |
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Civil Procedure or other law regarding a party that files a |
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frivolous pleading or is determined to be a vexatious litigant. |
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(c) A judgment for attorney's fees and costs of the suit |
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awarded under this section may be enforced in the name of the |
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attorney for a party that did not remove the case to federal court |
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by any means available for the enforcement of a judgment for debt. |
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SECTION 2. Chapter 106, Family Code, is amended by adding |
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Section 106.003 to read as follows: |
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Sec. 106.003. ATTORNEY'S FEES AND EXPENSES FOLLOWING |
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REMOVAL IN CERTAIN CIRCUMSTANCES. (a) A court with jurisdiction of |
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a suit filed under this chapter may, on its own motion or on the |
|
motion of a party, take action as provided under Subsection (b) if: |
|
(1) a party previously removed the suit to federal |
|
court; and |
|
(2) the court with jurisdiction finds that the federal |
|
court to which the case was removed has: |
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(A) remanded the proceedings to state court; |
|
(B) assessed attorney's fees or other costs of |
|
suit against the removing party or the removing party's counsel; |
|
and |
|
(C) determined that the removal was: |
|
(i) frivolous; |
|
(ii) filed for the purpose of delaying the |
|
state court suit or avoiding an unfavorable decision by the state |
|
court; |
|
(iii) filed for the purpose of gaining an |
|
advantage over another party in the state court suit; or |
|
(iv) filed for the purpose of causing |
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damage to another party in the state court suit. |
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(b) If the court with jurisdiction of the suit makes a |
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finding described by Subsection (a), the court may: |
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(1) award to a party that did not remove the case to |
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federal court: |
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(A) the reasonable attorney's fees and expenses |
|
incurred by the party due to the removal; |
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(B) other damages incurred by the party due to |
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the removal; and |
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(C) postjudgment interest on any attorney's |
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fees, costs, and damages awarded to the party; |
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(2) impose monetary sanctions on the party that |
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removed the case to federal court, the removing party's attorney, |
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or both the removing party and the removing party's attorney; and |
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(3) take any action as authorized by the Texas Rules of |
|
Civil Procedure or other law regarding a party that files a |
|
frivolous pleading or is determined to be a vexatious litigant. |
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(c) A judgment for attorney's fees and costs of the suit |
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awarded under this section may be enforced in the name of the |
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attorney for a party that did not remove the case to federal court |
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by any means available for the enforcement of a judgment for debt. |
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SECTION 3. The changes in law made by this Act apply only to |
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a suit for dissolution of a marriage or a suit affecting the |
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parent-child relationship filed on or after the effective date of |
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this Act. A suit for dissolution of a marriage or a suit affecting |
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the parent-child relationship filed before the effective date of |
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this Act is governed by the law in effect on the date the suit was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |