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HB 2966

AN ACT relating to the award of attorney's fees in an action involving the

House Bill
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

Modifies legal procedures for cases involving constitutional rights by mandating that if a court dismisses a legal action, the court must award court costs and reasonable attorney's fees to the defending party. Additionally, the court may impose sanctions against the party who brought the original legal action to discourage similar future lawsuits. The changes will apply to legal actions filed on or after September 1, 2025, potentially providing stronger protections for defendants facing what might be considered frivolous constitutional rights litigation.

Subject Areas

Bill Text

relating to the award of attorney's fees in an action involving the
exercise of certain constitutional rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 27.009(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a)  Except as provided by Subsection (c), if the court
orders dismissal of a legal action under this chapter, the court:
(1)  shall award to the moving party court costs and
reasonable attorney's fees for [incurred in] defending against the
(2)  may award to the moving party sanctions against
the party who brought the legal action as the court determines
sufficient to deter the party who brought the legal action from
bringing similar actions described in this chapter.
SECTION 2.  The change in law made by this Act applies only
to an action filed on or after the effective date of this Act.  An
action filed before the effective date of this Act is governed by
the law as it existed immediately before that date, and that law is
continued in effect for that purpose.
SECTION 3.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to the award of attorney's fees in an action involving the