| |
|
| |
|
|
By: Van Arsdale (Senate Sponsor - Ellis) |
H.B. No. 1268 |
|
|
(In the Senate - Received from the House April 26, 2007; |
|
|
May 1, 2007, read first time and referred to Committee on State |
|
|
Affairs; May 15, 2007, reported favorably by the following vote: |
|
|
Yeas 8, Nays 0; May 15, 2007, sent to printer.) |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the award of attorney's fees under the terms of certain |
|
|
contracts with a governmental entity. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
|
|
amended by adding Section 2252.904 to read as follows: |
|
|
Sec. 2252.904. ATTORNEY'S FEES. (a) In this section: |
|
|
(1) "Governmental contract" means a contract awarded |
|
|
by a governmental entity for general construction, an improvement, |
|
|
a service, or a public works project or for a purchase of supplies, |
|
|
materials, or equipment. |
|
|
(2) "Governmental entity" means: |
|
|
(A) the state; |
|
|
(B) a municipality, county, public school |
|
|
district, or special-purpose district or authority; |
|
|
(C) a district, county, or justice of the peace |
|
|
court; |
|
|
(D) a board, commission, department, office, or |
|
|
other agency in the executive branch of state government, including |
|
|
an institution of higher education as defined by Section 61.003, |
|
|
Education Code; |
|
|
(E) the legislature or a legislative agency; or |
|
|
(F) the Supreme Court of Texas, the Texas Court |
|
|
of Criminal Appeals, a court of appeals, or the State Bar of Texas |
|
|
or another judicial agency having statewide jurisdiction. |
|
|
(b) A governmental contract may not provide for the award of |
|
|
attorney's fees to the governmental entity in a dispute in which the |
|
|
entity prevails unless the contract provides for the award of |
|
|
attorney's fees to each other party to the contract if that party |
|
|
prevails in the dispute. |
|
|
(c) A contract provision that violates this section is void |
|
|
and unenforceable. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a contract executed on or after the effective date of this Act. A |
|
|
contract executed 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. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |
|
|
|
|
|
* * * * * |