Bill Text: TX HB274 | 2011-2012 | 82nd Legislature | Enrolled
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-Enrolled.html
H.B. No. 274 |
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relating to the reform of certain remedies and procedures in civil | ||
actions and family law matters. | ||
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 causes of action that have no basis in law or fact on | ||
motion and without evidence. The rules shall provide that the | ||
motion to dismiss shall be granted or denied within 45 days of the | ||
filing of the motion to dismiss. The rules shall not apply to | ||
actions under the Family Code. | ||
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 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. | ||
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. | ||
The rules shall apply to civil actions in district courts, county | ||
courts at law, and statutory probate courts 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, 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. APPEAL OF CONTROLLING QUESTION OF LAW | ||
SECTION 3.01. Section 51.014, Civil Practice and Remedies | ||
Code, is amended by amending Subsections (d) and (e) and adding | ||
Subsections (d-1) and (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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(d-1) Subsection (d) does not apply to an action brought | ||
under the Family Code. | ||
(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 3.02. 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 4. ALLOCATION OF LITIGATION COSTS | ||
SECTION 4.01. 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 4.02. 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 4.03. Section 42.003, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 42.003. MAKING SETTLEMENT OFFER. (a) 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. | ||
(b) The parties are not required to file a settlement offer | ||
with the court. | ||
SECTION 4.04. Section 42.004(d), Civil Practice and | ||
Remedies Code, is amended to read as follows: | ||
(d) The litigation costs that may be awarded under this | ||
chapter to any party may not be greater than the total amount that | ||
the claimant recovers or would recover before adding an award of | ||
litigation costs under this chapter in favor of the claimant or | ||
subtracting as an offset an award of litigation costs under this | ||
chapter in favor of the defendant [ |
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ARTICLE 5. DESIGNATION OF RESPONSIBLE THIRD PARTIES | ||
SECTION 5.01. Section 33.004, Civil Practice and Remedies | ||
Code, is amended by adding Subsection (d) to read as follows: | ||
(d) A defendant may not designate a person as a responsible | ||
third party with respect to a claimant's cause of action after the | ||
applicable limitations period on the cause of action has expired | ||
with respect to the responsible third party if the defendant has | ||
failed to comply with its obligations, if any, to timely disclose | ||
that the person may be designated as a responsible third party under | ||
the Texas Rules of Civil Procedure. | ||
SECTION 5.02. Section 33.004(e), Civil Practice and | ||
Remedies Code, is repealed. | ||
ARTICLE 6. EFFECTIVE DATE | ||
SECTION 6.01. 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 6.02. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 274 was passed by the House on May 9, | ||
2011, by the following vote: Yeas 96, Nays 49, 3 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 274 on May 25, 2011, by the following vote: Yeas 130, Nays 13, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 274 was passed by the Senate, with | ||
amendments, on May 24, 2011, by the following vote: Yeas 31, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |