By Dutton                                             H.B. No. 1745

         75R6039 DLF-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to an intervenor's liability for attorney's fees and costs

 1-3     in certain civil actions.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 30, Civil Practice and Remedies Code, is

 1-6     amended by adding Section 30.012 to read as follows:

 1-7           Sec. 30.012.  INTERVENOR'S LIABILITY FOR ATTORNEY FEES AND

 1-8     COSTS.  (a)  A court shall order an intervenor in a civil action

 1-9     to pay the attorney's fees and costs of the other parties to the

1-10     action if:

1-11                 (1)  the other parties had agreed to a proposed

1-12     settlement of all claims in relation to the action;

1-13                 (2)  the proposed settlement did not take effect

1-14     because the intervenor did not agree to the terms of the proposed

1-15     settlement; and

1-16                 (3)  the result obtained by the intervenor in the

1-17     judgment after trial of the action or under a subsequent settlement

1-18     agreement was not more favorable to the intervenor than the result

1-19     that would have been obtained under the proposed settlement.

1-20           (b)  Attorney's fees and costs awarded under this section

1-21     include reasonable attorney's fees and costs of the  parties other

1-22     than the intervenor incurred beginning on the day after the date

1-23     that those parties had agreed to the proposed settlement and ending

1-24     on the date on which the judgment is rendered or the date on which

 2-1     the parties agree to a subsequent settlement.

 2-2           SECTION 2.  This Act applies only to a civil action that is

 2-3     commenced on or after the effective date of this Act.  A civil

 2-4     action that is commenced before the effective date of this Act is

 2-5     governed by the law applicable to the action immediately before the

 2-6     effective date of this Act, and that law is continued in effect for

 2-7     that purpose.

 2-8           SECTION 3.  This Act takes effect September 1, 1997.

 2-9           SECTION 4.  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.