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.