BILL ANALYSIS

H.B. 2121

By: Cyrier

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties note inconsistencies regarding a party's ability to recover attorney’s fees in a contract claim against a governmental entity depending on the entity involved. H.B. 2121 addresses this inconsistency by providing for recovery of attorney's fees in certain contract claims against the state.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2121 amends the Government Code to authorize an award of damages in certain contract claims against the state to include attorney's fees if the claim is for breach of a written contract for engineering, architectural, or construction services, or materials related to such services, and the amount in controversy is less than $250,000, excluding penalties, costs, expenses, prejudgment interest, and attorney's fees.  

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2017.