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


Senate Research CenterC.S.S.B. 1207
78R14066 AJA-FBy: Duncan
Jurisprudence
5/1/2003
Committee Report (Substituted)


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.
C.S.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)  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.  

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