Bill Text: TX HB274 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the reform of certain remedies and procedures in civil actions and family law matters.
Spectrum: Partisan Bill (Republican 88-1)
Status: (Passed) 2011-08-17 - Reason for vote recorded in Journal [HB274 Detail]
Download: Texas-2011-HB274-Comm_Sub.html
Bill Title: Relating to the reform of certain remedies and procedures in civil actions and family law matters.
Spectrum: Partisan Bill (Republican 88-1)
Status: (Passed) 2011-08-17 - Reason for vote recorded in Journal [HB274 Detail]
Download: Texas-2011-HB274-Comm_Sub.html
82R21264 CAE-F | |||
By: Creighton, et al. | H.B. No. 274 | ||
Substitute the following for H.B. No. 274: | |||
By: Madden | C.S.H.B. No. 274 |
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relating to the reform of certain remedies and procedures in civil | ||
actions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. EARLY DISMISSAL OF ACTIONS | ||
SECTION 1.01. Section 22.004, Government Code, is amended | ||
by adding Subsection (g) to read as follows: | ||
(g) The supreme court shall adopt rules to provide for the | ||
dismissal of certain causes of action that the supreme court | ||
determines should be disposed of as a matter of law on motion and | ||
without evidence. | ||
SECTION 1.02. Chapter 30, Civil Practice and Remedies Code, | ||
is amended by adding Section 30.021 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 award costs and | ||
reasonable and necessary attorney's fees to the prevailing party | ||
that the court determines are equitable and just. | ||
ARTICLE 2. EXPEDITED CIVIL ACTIONS | ||
SECTION 2.01. Section 22.004, Government Code, is amended | ||
by adding Subsection (h) to read as follows: | ||
(h) The supreme court shall adopt rules to promote the | ||
prompt, efficient, and cost-effective resolution of civil actions | ||
in which the amount in controversy, inclusive of all claims for | ||
damages of any kind, whether actual or exemplary, a penalty, | ||
attorney's fees, expenses, costs, interest, or any other type of | ||
damage of any kind, is more than $10,000 but does not exceed | ||
$100,000. The rules shall address the need for lowering discovery | ||
costs in these actions and the procedure for ensuring that these | ||
actions will be expedited in the civil justice system. The supreme | ||
court may not adopt rules under this subsection that conflict with a | ||
provision of: | ||
(1) Chapter 74, Civil Practice and Remedies Code; | ||
(2) the Family Code; | ||
(3) the Property Code; or | ||
(4) the Tax Code. | ||
ARTICLE 3. NO IMPLIED CAUSE OF ACTION | ||
SECTION 3.01. Subchapter C, Chapter 311, Government Code, | ||
is amended by adding Section 311.035 to read as follows: | ||
Sec. 311.035. NO IMPLIED CAUSE OF ACTION. A statute may not | ||
be construed to create a cause of action unless the statute by clear | ||
and unambiguous language creates a cause of action. | ||
ARTICLE 4. APPEAL OF CONTROLLING QUESTION OF LAW | ||
SECTION 4.01. Section 51.014, Civil Practice and Remedies | ||
Code, is amended by amending Subsections (d) and (e) and adding | ||
Subsection (f) to read as follows: | ||
(d) On a party's motion or on its own initiative, a trial | ||
court in a civil action [ |
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an order that is [ |
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otherwise appealable [ |
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(1) [ |
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involves a controlling question of law as to which there is a | ||
substantial ground for difference of opinion; and | ||
(2) an immediate appeal from the order may materially | ||
advance the ultimate termination of the litigation[ |
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[ |
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(e) An appeal under Subsection (d) does not stay proceedings | ||
in the trial court unless: | ||
(1) the parties agree to a stay; or | ||
(2) [ |
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proceedings pending appeal. | ||
(f) An appellate court may accept an appeal permitted by | ||
Subsection (d) if the appealing party, not later than the 15th day | ||
after the date the trial court signs the order to be appealed, files | ||
in the court of appeals having appellate jurisdiction over the | ||
action an application for interlocutory appeal explaining why an | ||
appeal is warranted under Subsection (d). If the court of appeals | ||
accepts the appeal, the appeal is governed by the procedures in the | ||
Texas Rules of Appellate Procedure for pursuing an accelerated | ||
appeal. The date the court of appeals enters the order accepting | ||
the appeal starts the time applicable to filing the notice of | ||
appeal. | ||
SECTION 4.02. Section 51.015, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 51.015. COSTS OF APPEAL. In the case of an appeal | ||
brought pursuant to Section 51.014(a)(6) or (d) [ |
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order appealed from is affirmed, the court of appeals shall order | ||
the appellant to pay all costs and reasonable attorney fees of the | ||
appeal; otherwise, each party shall be liable for and taxed its own | ||
costs of the appeal. | ||
SECTION 4.03. Section 22.225(d), Government Code, is | ||
amended to read as follows: | ||
(d) A petition for review is allowed to the supreme court | ||
for an appeal from an interlocutory order described by Section | ||
51.014(a)(3), (6), or (11), or (d), Civil Practice and Remedies | ||
Code. | ||
ARTICLE 5. RECOVERY OF ATTORNEY'S FEES | ||
SECTION 5.01. Section 38.001, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 38.001. RECOVERY OF ATTORNEY'S FEES. A person may | ||
recover reasonable attorney's fees from an individual or | ||
corporation, in addition to the amount of a valid claim and costs, | ||
if the claim is for: | ||
(1) rendered services; | ||
(2) performed labor; | ||
(3) furnished material; | ||
(4) freight or express overcharges; | ||
(5) lost or damaged freight or express; | ||
(6) killed or injured stock; or | ||
(7) a sworn account[ |
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SECTION 5.02. Chapter 38, Civil Practice and Remedies Code, | ||
is amended by adding Section 38.0015 to read as follows: | ||
Sec. 38.0015. ORAL AND WRITTEN CONTRACTS. The prevailing | ||
party may recover reasonable attorney's fees from an individual, | ||
corporation, or other legal entity if the claim is for breach of an | ||
oral or written contract. | ||
SECTION 5.03. Section 38.002, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 38.002. PROCEDURE FOR RECOVERY OF ATTORNEY'S FEES. To | ||
recover attorney's fees under this chapter: | ||
(1) the person seeking to recover attorney's fees | ||
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(2) the claimant must present the claim to the | ||
opposing party or to a duly authorized agent of the opposing party; | ||
and | ||
(3) payment for the just amount owed must not have been | ||
tendered before the expiration of the 30th day after the claim is | ||
presented. | ||
ARTICLE 6. ALLOCATION OF LITIGATION COSTS | ||
SECTION 6.01. Sections 42.001(5) and (6), Civil Practice | ||
and Remedies Code, are amended to read as follows: | ||
(5) "Litigation costs" means money actually spent and | ||
obligations actually incurred that are directly related to the | ||
action [ |
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includes: | ||
(A) court costs; | ||
(B) reasonable deposition costs; | ||
(C) reasonable fees for not more than two | ||
testifying expert witnesses; and | ||
(D) [ |
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(6) "Settlement offer" means an offer to settle or | ||
compromise a claim made in compliance with Section 42.003 [ |
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SECTION 6.02. Sections 42.002(b), (d), and (e), Civil | ||
Practice and Remedies Code, are amended to read as follows: | ||
(b) This chapter does not apply to: | ||
(1) a class action; | ||
(2) a shareholder's derivative action; | ||
(3) an action by or against a governmental unit; | ||
(4) an action brought under the Family Code; | ||
(5) an action to collect workers' compensation | ||
benefits under Subtitle A, Title 5, Labor Code; or | ||
(6) an action filed in a justice of the peace court or | ||
a small claims court. | ||
(d) This chapter does not limit or affect the ability of any | ||
person to: | ||
(1) make an offer to settle or compromise a claim that | ||
does not comply with Section 42.003 [ |
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(2) offer to settle or compromise a claim in an action | ||
to which this chapter does not apply. | ||
(e) An offer to settle or compromise that does not comply | ||
with Section 42.003 [ |
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settle or compromise made in an action to which this chapter does | ||
not apply does not entitle any [ |
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litigation costs under this chapter. | ||
SECTION 6.03. Section 42.003, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 42.003. MAKING SETTLEMENT OFFER. (a) After a | ||
defendant files a declaration under Section 42.002(c), the | ||
defendant filing the declaration and any party with a claim against | ||
that defendant may make a settlement offer to settle all claims in | ||
the action between the parties. | ||
(b) A settlement offer must: | ||
(1) be in writing; | ||
(2) state that it is made under this chapter; | ||
(3) state the terms by which the claims may be settled; | ||
(4) state a deadline by which the settlement offer | ||
must be accepted; and | ||
(5) be served on all parties to whom the settlement | ||
offer is made. | ||
(c) The parties are not required to file a settlement offer | ||
with the court. | ||
SECTION 6.04. Section 42.004(c), Civil Practice and | ||
Remedies Code, is amended to read as follows: | ||
(c) The litigation costs that may be recovered by the | ||
offering party under this section are limited to those litigation | ||
costs incurred by the offering party after the date the rejecting | ||
party rejected the earliest settlement offer that entitles the | ||
party to an award of litigation costs under this section. | ||
SECTION 6.05. Sections 42.004(d) and (g), Civil Practice | ||
and Remedies Code, are repealed. | ||
ARTICLE 7. EFFECTIVE DATE | ||
SECTION 7.01. The changes in law made by this Act apply only | ||
to a civil action commenced on or after the effective date of the | ||
change in law as provided by this article. A civil action commenced | ||
before the effective date of the change in law as provided by this | ||
article is governed by the law in effect immediately before the | ||
effective date of the change in law, and that law is continued in | ||
effect for that purpose. | ||
SECTION 7.02. (a) Except as provided by Subsection (b) of | ||
this section: | ||
(1) this Act takes effect immediately if it receives a | ||
vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution; and | ||
(2) if this Act does not receive the vote necessary for | ||
immediate effect, this Act takes effect September 1, 2011. | ||
(b) Articles 4, 5, and 6 of this Act take effect September 1, | ||
2011. |