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.