The word incurred comes out. Free lawyer? The defendant still collects reasonable fees.
This bill changes the Texas anti-SLAPP law, which lets people quickly toss lawsuits aimed at their speech, petition or association rights. When a court dismisses such a lawsuit, it must still award attorney's fees to the person who was sued, but the bill removes the words saying those fees must be ones 'incurred' in the defense. On the ground, a defendant could collect reasonable fees for the defense even if they did not personally pay or owe them, such as when a lawyer worked for free, starting with lawsuits filed on or after September 1, 2025.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R SB 1843 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 1843 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Feb 21, 2025 and referred to the Senate State Affairs committee. No public hearing. The bill died.
relating to the award of attorney's fees in an action involving the
exercise of certain constitutional rights.
WHAT IT DOES
The word incurred comes out. Free lawyer? The defendant still collects reasonable fees.
This bill changes the Texas anti-SLAPP law, which lets people quickly toss lawsuits aimed at their speech, petition or association rights. When a court dismisses such a lawsuit, it must still award attorney's fees to the person who was sued, but the bill removes the words saying those fees must be ones 'incurred' in the defense. On the ground, a defendant could collect reasonable fees for the defense even if they did not personally pay or owe them, such as when a lawyer worked for free, starting with lawsuits filed on or after September 1, 2025.
89R938 MZM-D
By: Johnson
S.B. No. 1516
A BILL TO BE ENTITLED
AN ACT
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
legal action; and
(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.