H.B. No. 274
 
 
 
 
AN ACT
  relating to the reform of certain remedies and procedures in civil
  actions and family law matters.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. EARLY DISMISSAL OF ACTIONS
         SECTION 1.01.  Section 22.004, Government Code, is amended
  by adding Subsection (g) 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. The rules shall not apply to
  actions under the Family Code.
         SECTION 1.02.  Chapter 30, Civil Practice and Remedies Code,
  is amended by adding Section 30.021 to read as follows:
         Sec. 30.021.  AWARD OF ATTORNEY'S FEES IN RELATION TO
  CERTAIN MOTIONS TO DISMISS. 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.
  ARTICLE 2. EXPEDITED CIVIL ACTIONS
         SECTION 2.01.  Section 22.004, Government Code, is amended
  by adding Subsection (h) to read as follows:
         (h)  The supreme court shall adopt rules to promote the
  prompt, efficient, and cost-effective resolution of civil actions.
  The rules shall apply to civil actions in district courts, county
  courts at law, and statutory probate courts in which the amount in
  controversy, inclusive of all claims for damages of any kind,
  whether actual or exemplary, a penalty, attorney's fees, expenses,
  costs, interest, or any other type of damage of any kind, does not
  exceed $100,000. The rules shall address the need for lowering
  discovery costs in these actions and the procedure for ensuring
  that these actions will be expedited in the civil justice system.
  The supreme court may not adopt rules under this subsection that
  conflict with a provision of:
               (1)  Chapter 74, Civil Practice and Remedies Code;
               (2)  the Family Code;
               (3)  the Property Code; or
               (4)  the Tax Code.
  ARTICLE 3. APPEAL OF CONTROLLING QUESTION OF LAW
         SECTION 3.01.  Section 51.014, Civil Practice and Remedies
  Code, is amended by amending Subsections (d) and (e) and adding
  Subsections (d-1) and (f) to read as follows:
         (d)  On a party's motion or on its own initiative, a trial
  court in a civil action [A district court, county court at law, or
  county court] may, by [issue a] written order, permit an appeal from
  an order that is [for interlocutory appeal in a civil action] not
  otherwise appealable [under this section] if:
               (1)  [the parties agree that] the order to be appealed
  involves a controlling question of law as to which there is a
  substantial ground for difference of opinion; and
               (2)  an immediate appeal from the order may materially
  advance the ultimate termination of the litigation[; and
               [(3)  the parties agree to the order].
         (d-1)  Subsection (d) does not apply to an action brought
  under the Family Code.
         (e)  An appeal under Subsection (d) does not stay proceedings
  in the trial court unless:
               (1)  the parties agree to a stay; or
               (2)  [and] the trial or appellate court[, the court of
  appeals, or a judge of the court of appeals] orders a stay of the
  proceedings pending appeal.
         (f)  An appellate court may accept an appeal permitted by
  Subsection (d) if the appealing party, not later than the 15th day
  after the date the trial court signs the order to be appealed, files
  in the court of appeals having appellate jurisdiction over the
  action an application for interlocutory appeal explaining why an
  appeal is warranted under Subsection (d). If the court of appeals
  accepts the appeal, the appeal is governed by the procedures in the
  Texas Rules of Appellate Procedure for pursuing an accelerated
  appeal. The date the court of appeals enters the order accepting
  the appeal starts the time applicable to filing the notice of
  appeal.
         SECTION 3.02.  Section 22.225(d), Government Code, is
  amended to read as follows:
         (d)  A petition for review is allowed to the supreme court
  for an appeal from an interlocutory order described by Section
  51.014(a)(3), (6), or (11), or (d), Civil Practice and Remedies
  Code.
  ARTICLE 4. ALLOCATION OF LITIGATION COSTS
         SECTION 4.01.  Sections 42.001(5) and (6), Civil Practice
  and Remedies Code, are amended to read as follows:
               (5)  "Litigation costs" means money actually spent and
  obligations actually incurred that are directly related to the
  action [case] in which a settlement offer is made. The term
  includes:
                     (A)  court costs;
                     (B)  reasonable deposition costs;
                     (C)  reasonable fees for not more than two
  testifying expert witnesses; and
                     (D) [(C)]  reasonable attorney's fees.
               (6)  "Settlement offer" means an offer to settle or
  compromise a claim made in compliance with Section 42.003 [this
  chapter].
         SECTION 4.02.  Sections 42.002(b), (d), and (e), Civil
  Practice and Remedies Code, are amended to read as follows:
         (b)  This chapter does not apply to:
               (1)  a class action;
               (2)  a shareholder's derivative action;
               (3)  an action by or against a governmental unit;
               (4)  an action brought under the Family Code;
               (5)  an action to collect workers' compensation
  benefits under Subtitle A, Title 5, Labor Code; or
               (6)  an action filed in a justice of the peace court or
  a small claims court.
         (d)  This chapter does not limit or affect the ability of any
  person to:
               (1)  make an offer to settle or compromise a claim that
  does not comply with Section 42.003 [this chapter]; or
               (2)  offer to settle or compromise a claim in an action
  to which this chapter does not apply.
         (e)  An offer to settle or compromise that does not comply
  with Section 42.003 [is not made under this chapter] or an offer to
  settle or compromise made in an action to which this chapter does
  not apply does not entitle any [the offering] party to recover
  litigation costs under this chapter.
         SECTION 4.03.  Section 42.003, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 42.003.  MAKING SETTLEMENT OFFER. (a)  A settlement
  offer must:
               (1)  be in writing;
               (2)  state that it is made under this chapter;
               (3)  state the terms by which the claims may be settled;
               (4)  state a deadline by which the settlement offer
  must be accepted; and
               (5)  be served on all parties to whom the settlement
  offer is made.
         (b)  The parties are not required to file a settlement offer
  with the court.
         SECTION 4.04.  Section 42.004(d), Civil Practice and
  Remedies Code, is amended to read as follows:
         (d)  The litigation costs that may be awarded under this
  chapter to any party may not be greater than the total amount that
  the claimant recovers or would recover before adding an award of
  litigation costs under this chapter in favor of the claimant or
  subtracting as an offset an award of litigation costs under this
  chapter in favor of the defendant [an amount computed by:
               [(1)  determining the sum of:
                     [(A)     50 percent of the economic damages to be
  awarded to the claimant in the judgment;
                     [(B)     100 percent of the noneconomic damages to be
  awarded to the claimant in the judgment; and
                     [(C)     100 percent of the exemplary or additional
  damages to be awarded to the claimant in the judgment; and
               [(2)     subtracting from the amount determined under
  Subdivision (1) the amount of any statutory or contractual liens in
  connection with the occurrences or incidents giving rise to the
  claim].
  ARTICLE 5. DESIGNATION OF RESPONSIBLE THIRD PARTIES
         SECTION 5.01.  Section 33.004, Civil Practice and Remedies
  Code, is amended by adding Subsection (d) to read as follows:
         (d)  A defendant may not designate a person as a responsible
  third party with respect to a claimant's cause of action after the
  applicable limitations period on the cause of action has expired
  with respect to the responsible third party if the defendant has
  failed to comply with its obligations, if any, to timely disclose
  that the person may be designated as a responsible third party under
  the Texas Rules of Civil Procedure.
         SECTION 5.02.  Section 33.004(e), Civil Practice and
  Remedies Code, is repealed.
  ARTICLE 6. EFFECTIVE DATE
         SECTION 6.01.  The changes in law made by this Act apply only
  to a civil action commenced on or after the effective date of the
  change in law as provided by this article. A civil action commenced
  before the effective date of the change in law as provided by this
  article is governed by the law in effect immediately before the
  effective date of the change in law, and that law is continued in
  effect for that purpose.
         SECTION 6.02.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 274 was passed by the House on May 9,
  2011, by the following vote:  Yeas 96, Nays 49, 3 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 274 on May 25, 2011, by the following vote:  Yeas 130, Nays 13,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 274 was passed by the Senate, with
  amendments, on May 24, 2011, by the following vote:  Yeas 31,
  Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor