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.
1-48 * * * * *