Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

         By:  Haywood                                  S.B. No. 889

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the recovery of attorney's fees under the Uniform

 1-2     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.  In any proceeding under this chapter,

 1-7     the court may award costs and reasonable and necessary attorney's

 1-8     fees as are equitable and just.  Nothing under this Section

 1-9     authorizes an award of costs and attorney's fees against any

1-10     governmental unit as that term is defined in Section 101.001 of

1-11     this Code.

1-12           SECTION 2.  This Act applies to all cases in the judicial

1-13     process without regard to whether they are filed on, after, or

1-14     before the effective date of this Act.

1-15           SECTION 3.  This Act takes effect September 1, 1997.

1-16           SECTION 4.  The importance of this legislation and the

1-17     crowded condition of the calendars in both houses create an

1-18     emergency and an imperative public necessity that the

1-19     constitutional rule requiring bills to be read on three several

1-20     days in each house be suspended, and this rule is hereby suspended.