C.S.S.B. 1207 78(R)    BILL ANALYSIS


C.S.S.B. 1207
By: Duncan
Civil Practices
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current Texas law authorizes an action to be brought to have a court
declare the rights and duties or status of the parties to a dispute.   

CSSB 1207 provides that costs and attorney's fees are not recoverable
against the state or a state agency in a declaratory judgment action
brought for the purposes of construing a state agency's powers or duties. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS


CSSB 1207 amends Section 37.009, Civil Practice and Remedies Code, as
follows: 

 (a)  Makes a conforming change.

(b)  Prohibits the court from awarding costs and attorney's fees against
the state, a state agency, or a state official in an action under this
chapter if certain conditions are met. 

(c)  Provides that Subsection (b) does not limit the authority of a court
to award attorney's fees under Chapter 105 or 106 or any other statute
that expressly authorizes the award of attorney's fees against the state,
a state agency, or a state official. 


EFFECTIVE DATE

September 1, 2003


COMPARISON OF ORIGINAL TO SUBSTITUTE
            
Committee Substitute clarifies that the prohibition against awarding costs
and attorney's fees in the bill does not depend on whether an agency might
conduct some proceeding in the future, but instead applies to situations
where the agency is conducting or did conduct a proceeding involving
construction of the statute on which a declaration is being sought.  Like
the engrossed bill, the Committee Substitute would preclude the award of
costs and attorney's fees in cases like Texas Municipal Power Agency v.
Public Utility Commission, 100 S.W.3d 510 (Tex. App.-Austin 2003) and City
of Waco v. Texas Natural Resource Conservation Commission, 83 S.W.3d 169
(Tex. App.-Austin 2002).