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.