| Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
|---|---|---|---|---|---|
| Yes | Neutral | Neutral | Neutral | Neutral | Positive |
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.
No significant fiscal implication to the State is anticipated.
HB 913 would permit a state court to award attorney's fees and damages to a party in a divorce or custody suit if they find that: the other party removed the suit from state to federal court and received a judgment against them; the federal court remanded the suit back to state court; and the removing party originally removed the suit to federal court for a frivolous purpose, to delay the state court suit or avoid an unfavorable decision by the state court, to gain an advantage over the other party, or to cause damage to the other party. The state court in such a scenario would also be permitted to impose monetary sanctions on the removing party and take any action authorized by state law for frivolous or vexatious litigants.
Texas Action supports HB 913 because it would deter unnecessary waste of court resources and advance civil justice. If one party in a divorce or custody suit intentionally delays or causes damage to the other party by removing the suit to federal court, the state court should have the means to compensate the other party. HB 913 would grant state courts such means in narrow circumstances where one party in a suit has acted frivolously.