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A BILL TO BE ENTITLED
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AN ACT
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relating to a limit on the award of attorney's fees in certain |
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actions brought against a governmental entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.009, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 37.009. COSTS. (a) Except as provided by Subsection |
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(b), in a [In any] proceeding under this chapter, the court may |
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award costs and reasonable and necessary attorney's fees as are |
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equitable and just. |
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(b) In a proceeding under this chapter where declaratory |
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relief is sought against a governmental entity, the court may award |
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attorney's fees in an amount not to exceed $250,000. |
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(c) In this section, "governmental entity" means the state |
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or an agency of the state. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |