By Ellis                                               S.B. No. 250
         76R3793 DB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to civil jurisdiction and the awarding of attorney's fees
 1-3     in justice and small claims courts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 27.031, Government Code, is amended by
 1-6     amending Subsection (a) and adding Subsection (c) to read as
 1-7     follows:
 1-8           (a)  In addition to the jurisdiction and powers provided by
 1-9     the constitution and other law, the justice court has original
1-10     jurisdiction of:
1-11                 (1)  civil matters in which exclusive jurisdiction is
1-12     not in the district or county court and in which the amount in
1-13     controversy is not more than $5,000, exclusive of interest,
1-14     attorney's fees, and costs;
1-15                 (2)  cases of forcible entry and detainer; and
1-16                 (3)  foreclosure of mortgages and enforcement of liens
1-17     on personal property in cases in which the amount in controversy is
1-18     otherwise within the justice court's jurisdiction.
1-19           (c)  A person may be represented by an attorney in justice
1-20     court.  The court may not award attorney's fees of more than $2,500
1-21     in each case.
1-22           SECTION 2.   Sections 28.003(a) and (c), Government Code, are
1-23     amended to read as follows:
1-24           (a)  The small claims court has concurrent jurisdiction with
 2-1     the justice court in actions by any person for the recovery of
 2-2     money in which the amount in controversy is not more than $5,000
 2-3     [involved], exclusive of interest, attorney's fees, and costs[,
 2-4     does not exceed $5,000].
 2-5           (c)  A person may be represented by an attorney in small
 2-6     claims court.  The court may not award attorney's fees of more than
 2-7     $2,500 in each case.
 2-8           SECTION 3.   (a)  This Act takes effect September 1, 1999.
 2-9           (b)  Sections 27.031 and 28.003, Government Code, as amended
2-10     by this Act, apply only to actions filed on or after the effective
2-11     date of this Act.  An action filed before the effective date of
2-12     this Act is governed by the law in effect at the time the action
2-13     was filed, and that law is continued in effect for that purpose.
2-14           SECTION 4.   The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended.