BILL ANALYSIS H.B. 2121 By: Cyrier Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Interested parties note inconsistencies regarding a party's ability to recover attorneys fees in a contract claim against a governmental entity depending on the entity involved. H.B. 2121 addresses this inconsistency by providing for recovery of attorney's fees in certain contract claims against the state. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 2121 amends the Government Code to authorize an award of damages in certain contract claims against the state to include attorney's fees if the claim is for breach of a written contract for engineering, architectural, or construction services, or materials related to such services, and the amount in controversy is less than $250,000, excluding penalties, costs, expenses, prejudgment interest, and attorney's fees. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2017.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 2121
By: Cyrier
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
H.B. 2121
By: Cyrier
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Interested parties note inconsistencies regarding a party's ability to recover attorneys fees in a contract claim against a governmental entity depending on the entity involved. H.B. 2121 addresses this inconsistency by providing for recovery of attorney's fees in certain contract claims against the state.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 2121 amends the Government Code to authorize an award of damages in certain contract claims against the state to include attorney's fees if the claim is for breach of a written contract for engineering, architectural, or construction services, or materials related to such services, and the amount in controversy is less than $250,000, excluding penalties, costs, expenses, prejudgment interest, and attorney's fees.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2017.
BACKGROUND AND PURPOSE
Interested parties note inconsistencies regarding a party's ability to recover attorneys fees in a contract claim against a governmental entity depending on the entity involved. H.B. 2121 addresses this inconsistency by providing for recovery of attorney's fees in certain contract claims against the state.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2121 amends the Government Code to authorize an award of damages in certain contract claims against the state to include attorney's fees if the claim is for breach of a written contract for engineering, architectural, or construction services, or materials related to such services, and the amount in controversy is less than $250,000, excluding penalties, costs, expenses, prejudgment interest, and attorney's fees.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2017.