By: Kolkhorst S.B. No. 1600
(In the Senate - Filed March 12, 2015; March 23, 2015, read
first time and referred to Committee on State Affairs;
April 29, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 1; April 29, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1600 By: Schwertner
A BILL TO BE ENTITLED
AN ACT
relating to a limit on the award of attorney's fees in certain
proceedings brought against the state or an agency of the state.
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) Subject to 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 in which declaratory
relief is sought against the state or an agency of the state, the
amount of attorney's fees awarded may not exceed $250,000.
SECTION 2. The change in law made by this Act applies only
to a proceeding commenced on or after the effective date of this
Act. A proceeding commenced before the effective date of this Act
is governed by the law applicable to the proceeding immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 3. 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.
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