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.