Bill Text: TX HB913 | 2021-2022 | 87th 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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Engrossed - Dead) 2021-05-10 - Received from the House [HB913 Detail]

Download: Texas-2021-HB913-Introduced.html

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87R5278 MLH-F
By: Dutton H.B. No. 913

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:
(1) a party previously removed the suit to federal
court; and
(2) the court with jurisdiction finds that the federal
court to which the case was removed has:
(A) remanded the proceedings to state court;
(B) assessed attorney's fees or other costs of
suit against the removing party or the removing party's counsel;
and
(C) determined that the removal was:
(i) frivolous;
(ii) filed for the purpose of delaying the
state court suit or avoiding an unfavorable decision by the state
court;
(iii) filed for the purpose of gaining an
advantage over another party in the state court suit; or
(iv) 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 to a party that did not remove the case to
federal court:
(A) the reasonable attorney's fees and expenses
incurred by the party due to the removal;
(B) other damages incurred by the party due to
the removal; and
(C) postjudgment interest on any attorney's
fees, costs, and damages awarded to the party;
(2) impose monetary sanctions on the party that
removed the case to federal court, the removing party's attorney,
or both the removing party and the removing party's attorney; 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) 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:
(1) a party previously removed the suit to federal
court; and
(2) the court with jurisdiction finds that the federal
court to which the case was removed has:
(A) remanded the proceedings to state court;
(B) assessed attorney's fees or other costs of
suit against the removing party or the removing party's counsel;
and
(C) determined that the removal was:
(i) frivolous;
(ii) filed for the purpose of delaying the
state court suit or avoiding an unfavorable decision by the state
court;
(iii) filed for the purpose of gaining an
advantage over another party in the state court suit; or
(iv) 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 to a party that did not remove the case to
federal court:
(A) the reasonable attorney's fees and expenses
incurred by the party due to the removal;
(B) other damages incurred by the party due to
the removal; and
(C) postjudgment interest on any attorney's
fees, costs, and damages awarded to the party;
(2) impose monetary sanctions on the party that
removed the case to federal court, the removing party's attorney,
or both the removing party and the removing party's attorney; 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) 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, 2021.