SRC-JJJ C.S.S.B. 321 76(R)BILL ANALYSIS Senate Research CenterC.S.S.B. 321 76R8866 DLF-DBy: Ellis Jurisprudence 3/9/1999 Committee Report (Substituted) 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. C.S.S.B. 321 would entitle an attorney to recover attorney's fees in suits involving certain contracts. PURPOSE As proposed, C.S.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 to the extent fees are recovered under certain provisions, including Article 21.55, Insurance Code. Deletes text regarding certain provisions to which this chapter does not apply. Makes conforming changes. SECTION 2. Emergency clause. Effective date: upon passage. SUMMARY OF COMMITTEE CHANGES SECTION 1. Amends Section 38.006, Civil Practice and Remedies Code, to delete text regarding the recovery of attorney's fees under this section.