By:  Duncan                                                       S.B. No. 1207


A BILL TO BE ENTITLED

AN ACT

relating to state liability for costs and attorney's fees in 
certain actions seeking declaratory judgment.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 37.009, Civil Practice and Remedies 
Code, is amended to read as follows:
	Sec. 37.009.  COSTS.  (a)  Except as provided by Subsection 
(b), in [In] any proceeding under this chapter, the court may award 
costs and reasonable and necessary attorney's fees as are equitable 
and just.
	(b)  The court may not award costs and attorney's fees 
against the state, a state agency, or a state official in an action 
under this chapter if:
		(1)  the action seeks a declaratory judgment regarding 
construction of a statute under which an agency exercises powers or 
duties; and
		(2)  the party seeking relief has an opportunity under 
Chapter 2001, Government Code, or another statute to obtain 
judicial review of an order, rule, or other decision of the agency 
involving the construction of the statute that is the subject of the 
action under this chapter.
	(c)  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.  This Act takes effect September 1, 2003, and 
applies only to an action filed on or after the effective date of 
this Act.  An action filed before the effective date of this Act is 
governed by the law in effect immediately before the effective date 
of this Act, and that law is continued in effect for that purpose.