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.