| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | By: Smithee H.B. No. 3641 | |
| 2 | 2 | ||
| 3 | 3 | ||
| 4 | 4 | A BILL TO BE ENTITLED | |
| 5 | 5 | AN ACT | |
| 6 | 6 | relating to payment of attorney's fees in an action brought under | |
| 7 | 7 | Chapter 37 of the Texas Civil Practice and Remedies Code. | |
| 8 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 9 | 9 | SECTION 1. Sec. 37.009., Civil Practices and Remedies Code, | |
| 10 | 10 | is amended to read as follows: COSTS. | |
| 11 | 11 | (a) In any proceeding under this chapter, the court may | |
| 12 | 12 | award costs and reasonable and necessary attorney's fees as are | |
| 13 | 13 | equitable and just. | |
| 14 | 14 | (b) A court may not award a total recovery of attorney's | |
| 15 | 15 | fees more than $250,000 for a suit brought under this chapter if | |
| 16 | 16 | the declaratory relief is sought against the State government as | |
| 17 | 17 | defined by Section 101.001(6) Civil Practice and Remedies Code. | |
| 18 | 18 | SECTION 2. This Act takes effect immediately if it receives | |
| 19 | 19 | a vote of two-thirds of all the members elected to each house, as | |
| 20 | 20 | provided by Section 39, Article III, Texas Constitution. If this | |
| 21 | 21 | Act does not receive the vote necessary for immediate effect, this | |
| 22 | 22 | Act takes effect September 1, 2015. |