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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 7-0)

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

Download: Texas-2019-HB3300-Comm_Sub.html

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By: Murr, et al. (Senate Sponsor - Huffman) H.B. No. 3300
(In the Senate - Received from the House May 2, 2019;
May 3, 2019, read first time and referred to Committee on State
Affairs; May 14, 2019, reported favorably by the following vote:
Yeas 9, Nays 0; May 14, 2019, sent to printer.)
Click here to see the committee vote

A BILL TO BE ENTITLED
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.
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