Tex. R. Civ. P. 91a

DISMISSAL OF BASELESS CAUSES OF ACTION

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RULE 91a. DISMISSAL OF BASELESS CAUSES OF ACTION
91a.1 Motion and Grounds. Except in a case brought under the Family Code or a case
governed by Chapter 14 of the Texas Civil Practice and Remedies Code, a party may move
to dismiss a cause of action on the grounds that it has no basis in law or fact. A cause of
action has no basis in law if the allegations, taken as true, together with inferences
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reasonably drawn from them, do not entitle the claimant to the relief sought. A cause of
action has no basis in fact if no reasonable person could believe the facts pleaded.
91a.2 Contents of Motion. A motion to dismiss must state that it is made pursuant to this rule,
must identify each cause of action to which it is addressed, and must state specifically the
reasons the cause of action has no basis in law, no basis in fact, or both.
91a.3 Time for Motion and Ruling. A motion to dismiss must be:
(a) filed within 60 days after the first pleading containing the challenged cause of
action is served on the movant;
(b) filed at least 21 days before the motion is heard; and
(c) granted or denied within 45 days after the motion is filed.
91a.4 Time for Response. Any response to the motion must be filed no later than 7 days before
the date of the hearing.
91a.5 Effect of Nonsuit or Amendment; Withdrawal of Motion.
(a) The court may not rule on a motion to dismiss if, at least 3 days before the date of
the hearing, the respondent files a nonsuit of the challenged cause of action, or the
movant files a withdrawal of the motion.
(b) If the respondent amends the challenged cause of action at least 3 days before the
date of the hearing, the movant may, before the date of the hearing, file a withdrawal
of the motion or an amended motion directed to the amended cause of action.
(c) Except by agreement of the parties, the court must rule on a motion unless it has
been withdrawn or the cause of action has been nonsuited in accordance with (a) or
(b). In ruling on the motion, the court must not consider a nonsuit or amendment
not filed as permitted by paragraphs (a) or (b).
(d) An amended motion filed in accordance with (b) restarts the time periods in this
rule.
91a.6 Hearing; No Evidence Considered. Each party is entitled to at least 14 days’ notice of
the hearing on the motion to dismiss. The court may, but is not required to, conduct an
oral hearing on the motion. Except as required by 91a.7, the court may not consider
evidence in ruling on the motion and must decide the motion based solely on the pleading
of the cause of action, together with any pleading exhibits permitted by Rule 59.
91a.7 Award of Costs and Attorney Fees. Except in an action by or against a governmental
entity or a public official acting in his or her official capacity or under color of law, the
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court may award the prevailing party on the motion all costs and reasonable and necessary
attorney fees incurred with respect to the challenged cause of action in the trial court. Any
award of costs or fees must be based on evidence.
91a.8 Effect on Venue and Personal Jurisdiction. This rule is not an exception to the pleading
requirements of Rules 86 and 120a, but a party does not, by filing a motion to dismiss
pursuant to this rule or obtaining a ruling on it, waive a special appearance or a motion to
transfer venue. By filing a motion to dismiss, a party submits to the Court’s jurisdiction
only in proceedings on the motion and is bound by the court’s ruling, including an award
of attorney fees and costs against the party.
91a.9 Dismissal Procedure Cumulative. This rule is in addition to, and does not supersede or
affect, other procedures that authorize dismissal.
Notes and Comments
Comment to 2013 change: Rule 91a is a new rule implementing section 22.004(g) of the
Texas Government Code, which was added in 2011 and calls for rules to provide for the dismissal
of causes of action that have no basis in law or fact on motion and without evidence. A motion to
dismiss filed under this rule must be ruled on by the court within 45 days unless the motion,
pleading, or cause of action is withdrawn, amended, or nonsuited as specified in 91a.5. If an
amended motion is filed in response to an amended cause of action in accordance with 91a.5(b),
the court must rule on the motion within 45 days of the filing of the amended motion and the
respondent must be given an opportunity to respond to the amended motion. The term hearing@ in
the rule includes both submission and an oral hearing. Attorney fees awarded under 91a.7 are
limited to those associated with challenged cause of action, including fees for preparing or
responding to the motion to dismiss.
Comment to 2019 change: Rule 91a.7 is amended to implement changes to section 30.021
of the Texas Civil Practice and Remedies Code. The amendments to Rule 91a.7 apply only to civil
actions commenced on or after September 1, 2019. A civil action commenced before September
1, 2019 is governed by the rule as adopted in Misc. Docket No. 13-9022.

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