By: Turner S.B. No. 1581
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the recovery of attorney's fees in certain proceedings
1-2 under the Uniform Declaratory Judgment Act.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 37.009, Civil Practice and Remedies Code,
1-5 is amended to read as follows:
1-6 Sec. 37.009. Costs. (a) Except as provided by Subsection
1-7 (c), in <In> any proceeding under this chapter, the court may award
1-8 costs and reasonable and necessary attorney's fees as are equitable
1-9 and just.
1-10 (b) In determining the equity and justice of awarding
1-11 attorney's fees in an action involving a governmental unit, as that
1-12 term is defined in Section 101.001, and, when applicable, the
1-13 amount of such an award, the court shall consider, among other
1-14 relevant factors, the financial impact of an award on the party
1-15 against which fees would be assessed.
1-16 (c) This section does not authorize an award of costs or
1-17 attorney's fees of any amount against the state in an action:
1-18 (1) involving the constitutionality of a statute,
1-19 ordinance, or franchise in which the attorney general is entitled
1-20 to be heard under Section 37.006(b);
1-21 (2) in which the attorney general intervenes for the
1-22 sole purpose of defending the constitutionality of a statute,
1-23 ordinance, or franchise; and
2-1 (3) in which the state is not otherwise made a party.
2-2 SECTION 2. If any section, sentence, clause, or part of this
2-3 Act shall, for any reason, be held invalid, such invalidity shall
2-4 not affect the remaining portions of the Act, and it is hereby
2-5 declared to be the intention of this legislature to have passed
2-6 each section, sentence, clause, or part irrespective of the fact
2-7 that any other section, sentence, clause, or part may be declared
2-8 invalid.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended,
2-14 and that this Act take effect and be in force from and after its
2-15 passage, and it is so enacted.