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