BILL ANALYSIS


                                                        S.B. 1581
                                                       By: Turner
                                                    Jurisprudence
                                                          4-20-95
                                     Committee Report (Unamended)
BACKGROUND

When Section 37.009 of the Declaratory Judgment Act was enacted,
the legislature intended that the Act would have no fiscal impact
for the state or local government.  Unfortunately, that has not
been the case in practice.  The language in Section 37.009 is not
explicit as to whether costs and attorney's fees may be awarded
against the government, and a few courts have awarded costs and
attorney's fees against the state, contrary to the legislature's
intent.

PURPOSE

As proposed, S.B. 1581 provides that under the Declaratory Judgment
Act, an award of costs or attorney's fees against any governmental
unit is not authorized.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 37.009, Civil Practice and Remedies Code,
to provide that nothing in this section authorizes an award of
costs or attorney's fees against any governmental unit as that term
is defined in Section 101.001 of this code.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1995.

SECTION 4. Severability clause.

SECTION 5. Emergency clause.