Bill

HB 3300

86(R) - 2019
House Judiciary & Civil Jurisprudence
House Judiciary & Civil Jurisprudence
Civil Remedies
Courts

Vote Recommendation

No
  • Neutral
  • Neutral
  • Negative
  • Neutral
  • Neutral

Author(s)

Andrew Murr
Morgan Meyer
Tom Oliverson
Reggie Smith
John Wray

Bill Caption

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.

Fiscal Notes

The Legislative Budget Board does not anticipate any significant fiscal impact to the state. 

Bill Analysis

HB 3300 would make it optional, rather than mandatory, to award attorney's fees in a civil proceeding on a trial court’s granting or denial of a motion to dismiss. 

Vote Recommendation Notes

Texas Action opposes HB 3300 because it violates the principle of personal responsibility. This bill takes away one of the main incentives against filing frivolous lawsuits. Parties who know they will be held accountable for the other party's attorney's fees will be less likely to file frivolous lawsuits in the first place.