1-1     By:  Ellis                                            S.B. No. 1500

 1-2           (In the Senate - Filed March 13, 1997; March 20, 1997, read

 1-3     first time and referred to Committee on Jurisprudence;

 1-4     April 15, 1997, reported favorably by the following vote:  Yeas 7,

 1-5     Nays 0; April 15, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to civil jurisdiction and the awarding of attorney's fees

 1-9     in justice and small claims courts.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 27.031, Government Code, is amended by

1-12     amending Subsection (a) and adding Subsection (c) to read as

1-13     follows:

1-14           (a)  In addition to the jurisdiction and powers provided by

1-15     the constitution and other law, the justice court has original

1-16     jurisdiction of:

1-17                 (1)  civil matters in which exclusive jurisdiction is

1-18     not in the district or county court and in which the amount in

1-19     controversy is not more than $5,000, exclusive of interest,

1-20     attorney's fees, and costs;

1-21                 (2)  cases of forcible entry and detainer; and

1-22                 (3)  foreclosure of mortgages and enforcement of liens

1-23     on personal property in cases in which the amount in controversy is

1-24     otherwise within the justice court's jurisdiction.

1-25           (c)  A person may be represented by an attorney in justice

1-26     court.  The court may not award attorney's fees of more than $2,500

1-27     in each case.

1-28           SECTION 2.  Subsections (a) and (c), Section 28.003,

1-29     Government Code, are amended to read as follows:

1-30           (a)  The small claims court has concurrent jurisdiction with

1-31     the justice court in actions by any person for the recovery of

1-32     money in which the amount in controversy is not more than $5,000

1-33     [involved], exclusive of interest, attorney's fees, and costs[,

1-34     does not exceed $5,000].

1-35           (c)  A person may be represented by an attorney in small

1-36     claims court.  The court may not award attorney's fees of more than

1-37     $2,500 in each case.

1-38           SECTION 3.  This Act takes effect September 1, 1997, and

1-39     applies only to actions filed on or after the effective date of

1-40     this Act.  An action filed before the effective date of this Act is

1-41     governed by the law in effect at the time the action was filed, and

1-42     that law is continued in effect for that purpose.

1-43           SECTION 4.  The importance of this legislation and the

1-44     crowded condition of the calendars in both houses create an

1-45     emergency and an imperative public necessity that the

1-46     constitutional rule requiring bills to be read on three several

1-47     days in each house be suspended, and this rule is hereby suspended.

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