78R7430 AJA-D

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 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.  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.