Bill Text: TX HB1808 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to an award of attorney's fees for certain dismissed claims joined to an action under the Family Code.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-04 - Referred to Judiciary & Civil Jurisprudence [HB1808 Detail]
Download: Texas-2013-HB1808-Introduced.html
| 83R9988 SCL-D | ||
| By: Lucio III | H.B. No. 1808 | |
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| relating to an award of attorney's fees for certain dismissed | ||
| claims joined to an action under the Family Code. | ||
| 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. (a) 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 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. | ||
| (b) Subsection (a) applies to the dismissal of a tort claim | ||
| joined to an action under the Family Code. | ||
| SECTION 2. Section 22.004(g), Government Code, is amended | ||
| to read as follows: | ||
| (g) The supreme court shall adopt rules to provide for the | ||
| dismissal of causes of action that have no basis in law or fact on | ||
| motion and without evidence. The rules shall provide that the | ||
| motion to dismiss shall be granted or denied within 45 days of the | ||
| filing of the motion to dismiss. Except as provided by Section | ||
| 30.021, Civil Practice and Remedies Code, the [ |
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| apply to actions under the Family Code. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to an action commencing on or after the effective date of this Act. | ||
| An action commencing before the effective date of this Act is | ||
| governed by the law as it existed on the date the action commenced, | ||
| and that law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2013. | ||
