By Craddick H.B. No. 827
74R2283 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the exemption of a municipality from the payment of
1-3 attorney's fees in declaratory judgment actions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 37.009, Civil Practice and Remedies Code,
1-6 is amended to read as follows:
1-7 Sec. 37.009. COSTS. Except as provided by Section 37.0095,
1-8 in <In> any proceeding under this chapter, the court may award
1-9 costs and reasonable and necessary attorney's fees as are equitable
1-10 and just.
1-11 SECTION 2. Chapter 37, Civil Practice and Remedies Code, is
1-12 amended by adding Section 37.0095, to read as follows:
1-13 Sec. 37.0095. MUNICIPALITY EXEMPTED. (a) A court may not
1-14 award attorney's fees or costs under Section 37.009 against a
1-15 municipality or other further relief under Section 37.011 that
1-16 requires the payment of money by a municipality.
1-17 (b) This chapter does not constitute a waiver of the
1-18 doctrine of sovereign or governmental immunity that is required for
1-19 the award of attorney's fees or costs against a municipality or
1-20 other further relief requiring the payment of money by a
1-21 municipality.
1-22 SECTION 3. This Act takes effect September 1, 1995, and
1-23 applies to a lawsuit filed on or after the effective date of this
1-24 Act. A lawsuit filed before September 1, 1995, is governed by the
2-1 law as it existed immediately before the effective date of this
2-2 Act, and that law is continued in effect for that purpose.
2-3 SECTION 4. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.