Sec. 2252.904. ATTORNEY'S FEES

1. (a) In this section:

   1. (1) "Governmental contract" means a contract awarded by a governmental entity for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials, or equipment.

   2. (2) "Governmental entity" means:

      1. (A) the state;
      2. (B) a municipality, county, public school district, or special-purpose district or authority;
      3. (C) a district, county, or justice of the peace court;
      4. (D) a board, commission, department, office, or other agency in the executive branch of state government, including an institution of higher education as defined by Section 61.003, Education Code;
      5. (E) the legislature or a legislative agency; or
      6. (F) the Supreme Court of Texas, the Texas Court of Criminal Appeals, a court of appeals, or the State Bar of Texas or another judicial agency having statewide jurisdiction.
2. (b) A governmental contract may not provide for the award of attorney's fees to the governmental entity in a dispute in which the entity prevails unless the contract provides for the award of attorney's fees to each other party to the contract if that party prevails in the dispute.
3. (c) A contract provision that violates this section is void and unenforceable.

Added by Acts 2007, 80th Leg., R.S., Ch. 466 (H.B. 1268), Sec. 1, eff. September 1, 2007.