Texas 2017 85th Regular

Texas Senate Bill SB1950 Introduced / Bill

Filed 03/10/2017

                    85R8380 SCL-F
 By: Hughes S.B. No. 1950


 A BILL TO BE ENTITLED
 AN ACT
 relating to damages in certain contract claims against the state.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 2260.003, Government Code, is amended by
 adding Subsection (d) to read as follows:
 (d)  Notwithstanding Subsection (c), an award of damages
 under this chapter may include attorney's fees if:
 (1)  the claim is for breach of a written contract for:
 (A)  engineering, architectural, or construction
 services; or
 (B)  materials related to the services described
 by Paragraph (A); and
 (2)  the amount in controversy is less than $250,000,
 excluding penalties, costs, expenses, prejudgment interest, and
 attorney's fees.
 SECTION 2.  Section 2260.003, Government Code, as amended by
 this Act, applies only to an action filed on or after the effective
 date of this Act. An action filed before the effective date of this
 Act is governed by the law applicable to the action 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, 2017.