CIVIL PRACTICE & REMEDIES CODE
CHAPTER 26. CLASS ACTIONS
SUBCHAPTER A. SUPREME COURT RULES
§ 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, § 1.01, eff. Sept. 1,
2003.
§ 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, § 1.01, eff. Sept. 1,
2003.
§ 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, § 1.01, eff. Sept. 1,
2003.
SUBCHAPTER B. CLASS ACTIONS INVOLVING JURISDICTION OF STATE AGENCY
§ 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, § 1.01, eff. Sept. 1,
2003.
