CHAPTER 26. CLASS ACTIONS
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.