SRC-VRA S.B. 1207 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1207
78R7430 AJA-DBy: Duncan
Jurisprudence
3/28/2003
As Filed


DIGEST 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.  As
proposed, S.B. 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

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 37.009, Civil Practice and Remedies Code, as
follows: 

 (a)  Makes a conforming change.

(b)  Provides that the state and any state agency are not liable for costs
and attorney's fees associated with an action seeking declaratory judgment
regarding construction of a state agency's powers or duties under the
agency's enabling statute. 

SECTION 2.Effective date:  September 1, 2003.
  Makes application of this Act prospective.