| 1 | 1 | | 85R8380 SCL-F |
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| 2 | 2 | | By: Hughes S.B. No. 1950 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to damages in certain contract claims against the state. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 2260.003, Government Code, is amended by |
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| 10 | 10 | | adding Subsection (d) to read as follows: |
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| 11 | 11 | | (d) Notwithstanding Subsection (c), an award of damages |
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| 12 | 12 | | under this chapter may include attorney's fees if: |
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| 13 | 13 | | (1) the claim is for breach of a written contract for: |
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| 14 | 14 | | (A) engineering, architectural, or construction |
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| 15 | 15 | | services; or |
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| 16 | 16 | | (B) materials related to the services described |
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| 17 | 17 | | by Paragraph (A); and |
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| 18 | 18 | | (2) the amount in controversy is less than $250,000, |
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| 19 | 19 | | excluding penalties, costs, expenses, prejudgment interest, and |
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| 20 | 20 | | attorney's fees. |
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| 21 | 21 | | SECTION 2. Section 2260.003, Government Code, as amended by |
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| 22 | 22 | | this Act, applies only to an action filed on or after the effective |
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| 23 | 23 | | date of this Act. An action filed before the effective date of this |
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| 24 | 24 | | Act is governed by the law applicable to the action immediately |
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| 25 | 25 | | before the effective date of this Act, and that law is continued in |
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| 26 | 26 | | effect for that purpose. |
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| 27 | 27 | | SECTION 3. This Act takes effect immediately if it receives |
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| 28 | 28 | | a vote of two-thirds of all the members elected to each house, as |
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| 29 | 29 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 30 | 30 | | Act does not receive the vote necessary for immediate effect, this |
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| 31 | 31 | | Act takes effect September 1, 2017. |
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