Bill Text: TX HB3085 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to an award of costs and attorney's fees and the imposition of sanctions in certain suits for the dissolution of a marriage or affecting the parent-child relationship.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-05-06 - Committee report sent to Calendars [HB3085 Detail]

Download: Texas-2019-HB3085-Introduced.html

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86R12767 MM-F
By: Dutton H.B. No. 3085

A BILL TO BE ENTITLED
AN ACT
relating to an award of costs and attorney's fees and the imposition
of sanctions in certain suits for the dissolution of a marriage or
affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 6, Family Code, is amended
by adding Section 6.7081 to read as follows:
Sec. 6.7081. ATTORNEY'S FEES AND EXPENSES FOLLOWING REMOVAL
IN CERTAIN CIRCUMSTANCES. (a) A court with jurisdiction of 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 a party
removes the suit to federal court and the court with jurisdiction
finds that the federal court to which the case was removed has:
(1) remanded the proceedings to state court;
(2) imposed attorney's fees or other costs of suit
against the removing party or the removing party's counsel; and
(3) determined that the removal was:
(A) frivolous;
(B) filed for the purpose of delaying the state
court suit or avoiding an unfavorable decision by the state court;
(C) filed for the purpose of gaining an advantage
over another party in the state court suit; or
(D) filed for the purpose of causing damage to
another party in the state court suit.
(b) If the court with jurisdiction of the suit makes a
finding described by Subsection (a), the court may:
(1) award:
(A) the reasonable attorney's fees and expenses
incurred due to the removal by a party that did not remove the case
to federal court;
(B) other damages caused by the removal to a
party that did not remove the case to federal court; and
(C) postjudgment interest on any attorney's
fees, costs, and damages awarded to a party that did not remove the
case to federal court;
(2) impose monetary sanctions on the party that
removed the case to federal court; and
(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.
(c) The sanctions described by Subsection (b)(2) may be
imposed on:
(1) the removing party;
(2) the removing party's attorney; or
(3) both the removing party and the removing party's
attorney.
(d) A judgment for attorney's fees and costs of the suit
awarded under this section may be enforced in the name of the
attorney for a party that did not remove the case to federal court
by any means available for the enforcement of a judgment for debt.
SECTION 2. Chapter 106, Family Code, is amended by adding
Section 106.003 to read as follows:
Sec. 106.003. ATTORNEY'S FEES AND EXPENSES FOLLOWING
REMOVAL IN CERTAIN CIRCUMSTANCES. (a) A court with jurisdiction of
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 a
party removes the suit to federal court and the court with
jurisdiction finds that the federal court to which the case was
removed has:
(1) remanded the proceedings to state court;
(2) imposed attorney's fees or other costs of suit
against the removing party or the removing party's counsel; and
(3) determined that the removal was:
(A) frivolous;
(B) filed for the purpose of delaying the state
court suit or avoiding an unfavorable decision by the state court;
(C) filed for the purpose of gaining an advantage
over another party in the state court suit; or
(D) filed for the purpose of causing damage to
another party in the state court suit.
(b) If the court with jurisdiction of the suit makes a
finding described by Subsection (a), the court may:
(1) award:
(A) the reasonable attorney's fees and expenses
incurred due to the removal by a party that did not remove the case
to federal court;
(B) other damages caused by the removal to a
party that did not remove the case to federal court; and
(C) postjudgment interest on any attorney's
fees, costs, and damages awarded to a party that did not remove the
case to federal court;
(2) impose monetary sanctions on the party that
removed the case to federal court; and
(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.
(c) The sanctions described by Subsection (b)(2) may be
imposed on:
(1) the removing party;
(2) the removing party's attorney; or
(3) both the removing party and the removing party's
attorney.
(d) A judgment for attorney's fees and costs of the suit
awarded under this section may be enforced in the name of the
attorney for a party that did not remove the case to federal court
by any means available for the enforcement of a judgment for debt.
SECTION 3. The changes in law made by this Act apply only to
a suit for dissolution of a marriage or a suit affecting the
parent-child relationship filed on or after the effective date of
this Act. A suit for dissolution of a marriage or a suit affecting
the parent-child relationship filed before the effective date of
this Act is governed by the law in effect on the date the suit was
filed, and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.