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AN ACT
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relating to the award of attorney's fees under the terms of certain |
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contracts with a governmental entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
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amended by adding Section 2252.904 to read as follows: |
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Sec. 2252.904. ATTORNEY'S FEES. (a) In this section: |
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(1) "Governmental contract" means a contract awarded |
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by a governmental entity for general construction, an improvement, |
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a service, or a public works project or for a purchase of supplies, |
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materials, or equipment. |
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(2) "Governmental entity" means: |
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(A) the state; |
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(B) a municipality, county, public school |
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district, or special-purpose district or authority; |
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(C) a district, county, or justice of the peace |
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court; |
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(D) a board, commission, department, office, or |
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other agency in the executive branch of state government, including |
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an institution of higher education as defined by Section 61.003, |
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Education Code; |
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(E) the legislature or a legislative agency; or |
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(F) the Supreme Court of Texas, the Texas Court |
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of Criminal Appeals, a court of appeals, or the State Bar of Texas |
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or another judicial agency having statewide jurisdiction. |
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(b) A governmental contract may not provide for the award of |
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attorney's fees to the governmental entity in a dispute in which the |
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entity prevails unless the contract provides for the award of |
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attorney's fees to each other party to the contract if that party |
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prevails in the dispute. |
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(c) A contract provision that violates this section is void |
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and unenforceable. |
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SECTION 2. The change in law made by this Act applies only |
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to a contract executed on or after the effective date of this Act. A |
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contract executed before the effective date of this Act is governed |
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by the law in effect immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |
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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. 1268 was passed by the House on April |
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26, 2007, by the following vote: Yeas 142, Nays 0, 2 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. 1268 was passed by the Senate on May |
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18, 2007, by the following vote: Yeas 30, Nays 0. |
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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 |