SRC-SLL S.B. 1110 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1110
By: Duncan
Jurisprudence
3-25-97
As Filed


DIGEST 

Currently, a city may be held liable for attorney's fees.  Section 5.904,
Local Government Code, prohibits a statute from applying to a municipality
unless it is expressly stated that the statute is to be applied to a
municipality.  However, the courts have held that a municipality can be
held liable for attorney's fees under the Uniform Declaratory Judgments
Act.  This could lead to plaintiffs filing suit under the Declaratory
Judgment Act when a recovery of attorney's fees would be barred by other
chapters of the Local Government Code.  This bill will prohibit the courts
from awarding attorney's fees in a proceeding against a municipality under
the Uniform Declaratory Judgments Act. 

PURPOSE

As proposed, S.B. 1110  prohibits the courts from awarding attorney's fees
in a proceeding against a municipality under the Uniform Declaratory
Judgments Act. 

RULEMAKING AUTHORITY

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
prohibit the court from awarding attorney's fees in a proceeding against a
municipality.  Makes a conforming change. 

SECTION 2. Emergency clause.
  Effective date: upon passage.