CHAPTER 26. CLASS ACTIONS - Texas Statutes

CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE B. TRIAL MATTERS

CHAPTER 26. CLASS ACTIONS

SUBCHAPTER A. SUPREME COURT RULES

Sec. 26.001. ADOPTION OF RULES BY SUPREME COURT. (a) The

supreme court shall adopt rules to provide for the fair and

efficient resolution of class actions.

(b) The supreme court shall adopt rules under this chapter on or

before December 31, 2003.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 1.01, eff. Sept. 1,

2003.

Sec. 26.002. MANDATORY GUIDELINES. Rules adopted under Section

26.001 must comply with the mandatory guidelines established by

this chapter.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 1.01, eff. Sept. 1,

2003.

Sec. 26.003. ATTORNEY'S FEES. (a) If an award of attorney's

fees is available under applicable substantive law, the rules

adopted under this chapter must provide that the trial court

shall use the Lodestar method to calculate the amount of

attorney's fees to be awarded class counsel. The rules may give

the trial court discretion to increase or decrease the fee award

calculated by using the Lodestar method by no more than four

times based on specified factors.

(b) Rules adopted under this chapter must provide that in a

class action, if any portion of the benefits recovered for the

class are in the form of coupons or other noncash common

benefits, the attorney's fees awarded in the action must be in

cash and noncash amounts in the same proportion as the recovery

for the class.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 1.01, eff. Sept. 1,

2003.

SUBCHAPTER B. CLASS ACTIONS INVOLVING JURISDICTION OF STATE

AGENCY

Sec. 26.051. STATE AGENCY WITH EXCLUSIVE OR PRIMARY

JURISDICTION. (a) Before hearing or deciding a motion to

certify a class action, a trial court must hear and rule on all

pending pleas to the jurisdiction asserting that an agency of

this state has exclusive or primary jurisdiction of the action or

a part of the action, or asserting that a party has failed to

exhaust administrative remedies. The court's ruling must be

reflected in a written order.

(b) If a plea to the jurisdiction described by Subsection (a) is

denied and a class is subsequently certified, a person may, as

part of an appeal of the order certifying the class action,

obtain appellate review of the order denying the plea to the

jurisdiction.

(c) This section does not alter or abrogate a person's right to

appeal or pursue an original proceeding in an appellate court in

regard to a trial court's order granting or denying a plea to the

jurisdiction if the right exists under statutory or common law in

effect at the time review is sought.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 1.01, eff. Sept. 1,

2003.