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  By: Smithee H.B. No. 3641
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to payment of attorney's fees in an action brought under
  Chapter 37 of the Texas Civil Practice and Remedies Code.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sec. 37.009., Civil Practices and Remedies Code,
  is amended to read as follows: COSTS.
         (a)  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 a total recovery of attorney's
  fees more than $250,000 for a suit brought under this chapter if
  the declaratory relief is sought against the State government as
  defined by Section 101.001(6) Civil Practice and Remedies Code.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.