Bill Text: TX HB3300 | 2019-2020 | 86th Legislature | Enrolled

Texas House Bill 3300 (Prior Session Legislation)

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.

Sponsorship: Partisan Bill (Republican 7)

Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB3300 Detail]

Download: Texas-2019-HB3300-Enrolled.html



	H.B. No. 3300




	AN ACT
	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 [~~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.
	SECTION 2. The change in law made by this Act applies 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, 2019.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 3300 was passed by the House on May 2,
	2019, by the following vote: Yeas 136, Nays 5, 1 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 3300 was passed by the Senate on May
	21, 2019, by the following vote: Yeas 31, Nays 0.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor