By:  Ellis                                            S.B. No. 1500

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to civil jurisdiction and the awarding of attorney's fees

 1-2     in justice and small claims courts.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 27.031, Government Code, is amended by

 1-5     amending Subsection (a) and adding Subsection (c) to read as

 1-6     follows:

 1-7           (a)  In addition to the jurisdiction and powers provided by

 1-8     the constitution and other law, the justice court has original

 1-9     jurisdiction of:

1-10                 (1)  civil matters in which exclusive jurisdiction is

1-11     not in the district or county court and in which the amount in

1-12     controversy is not more than $5,000, exclusive of interest,

1-13     attorney's fees, and costs;

1-14                 (2)  cases of forcible entry and detainer; and

1-15                 (3)  foreclosure of mortgages and enforcement of liens

1-16     on personal property in cases in which the amount in controversy is

1-17     otherwise within the justice court's jurisdiction.

1-18           (c)  A person may be represented by an attorney in justice

1-19     court.  The court may not award attorney's fees of more than $2,500

1-20     in each case.

1-21           SECTION 2.  Subsections (a) and (c), Section 28.003,

1-22     Government Code, are amended to read as follows:

1-23           (a)  The small claims court has concurrent jurisdiction with

 2-1     the justice court in actions by any person for the recovery of

 2-2     money in which the amount in controversy is not more than $5,000

 2-3     [involved], exclusive of interest, attorney's fees, and costs[,

 2-4     does not exceed $5,000].

 2-5           (c)  A person may be represented by an attorney in small

 2-6     claims court.  The court may not award attorney's fees of more than

 2-7     $2,500 in each case.

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

 2-9     applies only to actions filed on or after the effective date of

2-10     this Act.  An action filed before the effective date of this Act is

2-11     governed by the law in effect at the time the action was filed, and

2-12     that law is continued in effect for that purpose.

2-13           SECTION 4.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended.