Bill Text: TX HB1038 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: 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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-05-08 - Committee report sent to Calendars [HB1038 Detail]
Download: Texas-2017-HB1038-Comm_Sub.html
| 85R26259 SCL-D | |||
| By: Rinaldi, Meyer | H.B. No. 1038 | ||
| Substitute the following for H.B. No. 1038: | |||
| By: Rinaldi | C.S.H.B. No. 1038 | ||
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| 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 [ |
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| 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 changes in law made by this Act apply 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, 2017. | ||
