By: Hughes S.B. No. 1946               A BILL TO BE ENTITLED   AN ACT   relating to an award of costs an attorney's fees in a motion to   dismiss for certain actions that have no basis in law or fact.          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.  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 may [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.          SECTION 2.  The changes in law made by this Act apply only to   a civil action commenced on or after the effective date of this Act.   A civil action commenced before the effective date of this Act is   governed by the law applicable to the action immediately before the   effective date of this Act, and that law is continued in effect for   that purpose.          SECTION 3.  This Act takes effect September 1, 2017.