85R26259 SCL-D By: Rinaldi, Meyer H.B. No. 1038 Substitute the following for H.B. No. 1038: By: Rinaldi C.S.H.B. No. 1038 A BILL TO BE ENTITLED AN ACT 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. 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.