79R6808 MFC-F

By:  Hartnett                                                     H.B. No. 1385



A BILL TO BE ENTITLED

AN ACT

relating to a governmental unit's liability for attorney's fees and 
costs in a declaratory judgment proceeding.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 37.001, Civil Practice and Remedies 
Code, is amended to read as follows:
	Sec. 37.001.  DEFINITIONS [DEFINITION].  In this chapter:
		(1)  "Governmental unit" has the meaning assigned by 
Section 101.001.
		(2)  "Person" [, "person"] means an individual, 
partnership, joint-stock company, unincorporated association or 
society, or municipal or other corporation of any character.
	SECTION 2.  Chapter 37, Civil Practice and Remedies Code, is 
amended by adding Section 37.0021 to read as follows:
	Sec. 37.0021.  SOVEREIGN IMMUNITY NOT WAIVED.  A 
governmental unit does not waive immunity from suit or from 
liability for attorney's fees and costs in a proceeding under this 
chapter.
	SECTION 3.  Section 37.009, Civil Practice and Remedies 
Code, is amended to read as follows:
	Sec. 37.009.  COSTS AND ATTORNEY'S FEES.  (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)  A court may not award costs and attorney's fees against 
a governmental unit in any proceeding under this chapter.
	SECTION 4.  The change in law created by this Act 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 applicable to the action immediately before the effective 
date of this Act, and that law is continued in effect for that 
purpose.
	SECTION 5.  This Act takes effect September 1, 2005.