By Dutton                                              H.B. No. 902
         76R494 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the liability of parties in a  suit for false
 1-3     disparagement of a perishable food product.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 96, Civil Practice and Remedies Code, is
 1-6     amended by adding Section 96.005 to read as follows:
 1-7           Sec. 96.005.  PARTY LIABLE FOR COURT COSTS AND FEES AND
 1-8     ATTORNEY'S FEES.  A court shall award to a party who prevails in an
 1-9     action under this chapter, against the opposing party, court costs
1-10     and fees and reasonable attorney's fees incurred in prevailing in
1-11     the action.
1-12           SECTION 2.  This Act applies only to a suit commenced on or
1-13     after the effective date of this Act.  A suit commenced before the
1-14     effective date of this Act is governed by the law applicable to the
1-15     suit immediately before that date, and that law is continued in
1-16     effect for that purpose.
1-17           SECTION 3.  This Act takes effect September 1, 1999.
1-18           SECTION 4.  The importance of this legislation and the
1-19     crowded condition of the calendars in both houses create an
1-20     emergency and an imperative public necessity that the
1-21     constitutional rule requiring bills to be read on three several
1-22     days in each house be suspended, and this rule is hereby suspended.