Texas 2015 84th Regular

Texas Senate Bill SB1600 Introduced / Bill

Filed 03/13/2015

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                    84R15525 T
 By: Kolkhorst S.B. No. 1600


 A BILL TO BE ENTITLED
 AN ACT
 relating to a limit on the award of attorney's fees in certain
 actions brought against a governmental entity.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 37.009, Civil Practice and Remedies
 Code, is amended to read as follows:
 Sec. 37.009.  COSTS.  (a)  Except as provided by Subsection
 (b), in 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)  In a proceeding under this chapter where declaratory
 relief is sought against a governmental entity, the court may award
 attorney's fees in an amount not to exceed $250,000.
 (c)  In this section, "governmental entity" means the state
 or an agency of the state.
 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.