| 1 | 1 | | By: Kolkhorst S.B. No. 1600 |
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| 2 | 2 | | (In the Senate - Filed March 12, 2015; March 23, 2015, read |
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| 3 | 3 | | first time and referred to Committee on State Affairs; |
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| 4 | 4 | | April 29, 2015, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 7, Nays 1; April 29, 2015, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 1600 By: Schwertner |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to a limit on the award of attorney's fees in certain |
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| 14 | 14 | | proceedings brought against the state or an agency of the state. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Section 37.009, Civil Practice and Remedies |
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| 17 | 17 | | Code, is amended to read as follows: |
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| 18 | 18 | | Sec. 37.009. COSTS. (a) Subject to Subsection (b), in a |
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| 19 | 19 | | [In any] proceeding under this chapter, the court may award costs |
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| 20 | 20 | | and reasonable and necessary attorney's fees as are equitable and |
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| 21 | 21 | | just. |
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| 22 | 22 | | (b) In a proceeding under this chapter in which declaratory |
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| 23 | 23 | | relief is sought against the state or an agency of the state, the |
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| 24 | 24 | | amount of attorney's fees awarded may not exceed $250,000. |
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| 25 | 25 | | SECTION 2. The change in law made by this Act applies only |
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| 26 | 26 | | to a proceeding commenced on or after the effective date of this |
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| 27 | 27 | | Act. A proceeding commenced before the effective date of this Act |
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| 28 | 28 | | is governed by the law applicable to the proceeding immediately |
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| 29 | 29 | | before the effective date of this Act, and that law is continued in |
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| 30 | 30 | | effect for that purpose. |
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| 31 | 31 | | SECTION 3. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2015. |
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| 36 | 36 | | * * * * * |
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