By: Kolkhorst S.B. No. 1600

(In the Senate - Filed March 12, 2015; March 23, 2015, read first time and referred to Committee on State Affairs; April 29, 2015, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 1; April 29, 2015, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 1600 By: Schwertner

A BILL TO BE ENTITLED

AN ACT

relating to a limit on the award of attorney's fees in certain proceedings brought against the state or an agency of the state.

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) Subject to Subsection (b), in 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) In a proceeding under this chapter in which declaratory relief is sought against the state or an agency of the state, the amount of attorney's fees awarded may not exceed $250,000.

SECTION 2. The change in law made by this Act applies only to a proceeding commenced on or after the effective date of this Act. A proceeding commenced before the effective date of this Act is governed by the law applicable to the proceeding immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 3. 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.

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