SRC-JJJ S.B. 321 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 321
76R1469 DLF-DBy: Ellis
Jurisprudence
3/2/1999
As Filed


DIGEST 

Currently, Texas law provides that a litigant may recover attorney's fees
in addition to the valid claim and costs. An exception states that
attorney's fees are not recoverable if the suit is brought under Section
21.21, Insurance Code.  S.B. 321 would entitle an attorney to recover
attorney's fees in suits involving certain contracts. 

PURPOSE

As proposed, S.B. 321 establishes the collection of attorney's fees in
certain contract actions.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 38.006, Civil Practice and Remedies Code, to
establish that this chapter does not apply to a contract issued by an
insurer that is subject to certain provisions including Article 21.55,
Insurance Code.  Establishes that this section does not prohibit the
recovery of attorney's fees to the extent that the recovery is authorized
under a law listed in Subsection (a). Deletes text regarding certain
provisions to which this chapter does not apply.  Makes conforming changes. 

SECTION 2. Emergency clause.
  Effective date: upon passage.