By Duncan                                       S.B. No. 1110

      75R7442 DAK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the award of attorney's fees under the Uniform

 1-3     Declaratory Judgments Act.

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

 1-5           SECTION 1.  Section 37.009, Civil Practice and Remedies Code,

 1-6     is amended to read as follows:

 1-7           Sec. 37.009.  COSTS.  (a)  Except as provided by Subsection

 1-8     (b), in [In] any proceeding under this chapter, the court may award

 1-9     costs and reasonable and necessary attorney's fees as are equitable

1-10     and just.

1-11           (b)  The court may not award attorney's fees in a proceeding

1-12     against a municipality.

1-13           SECTION 2.  The importance of this legislation and the

1-14     crowded condition of the calendars in both houses create an

1-15     emergency and an imperative public necessity that the

1-16     constitutional rule requiring bills to be read on three several

1-17     days in each house be suspended, and this rule is hereby suspended,

1-18     and that this Act take effect and be in force from and after its

1-19     passage, and it is so enacted.