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AN ACT
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relating to damages in certain contract claims against the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2260.003, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) Notwithstanding Subsection (c), an award of damages |
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under this chapter may include attorney's fees if: |
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(1) the claim is for breach of a written contract for: |
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(A) engineering, architectural, or construction |
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services; or |
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(B) materials related to the services described |
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by Paragraph (A); and |
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(2) the amount in controversy is less than $250,000, |
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excluding penalties, costs, expenses, prejudgment interest, and |
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attorney's fees. |
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SECTION 2. Section 2260.003, Government Code, as amended by |
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this Act, applies only to an action filed on or after the effective |
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date of this Act. An action filed before the effective date of this |
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Act is governed by the law applicable to the action immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 3. 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, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2121 was passed by the House on May |
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12, 2017, by the following vote: Yeas 143, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2121 was passed by the Senate on May |
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23, 2017, by the following vote: Yeas 29, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |