The Texas Legislature recently passed two important laws. The first law requires the Texas Supreme Court to adopt rules that provide for the dismissal of cases that have no basis in law or fact. This is a significant step for Texas because it brings Texas more in line with the federal courts who have had such a rule for years.
The second law is known as the “Loser Pays” law. Under this law, the Texas Supreme Court is required to adopt rules for the award of attorneys’ fees to the prevailing party in any civil proceeding. As you can probably imagine, the law provides that the State of Texas and other governmental agencies are exempt from the Loser Pay law.