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.