85R8380 SCL-F     By: Cyrier, Anderson of McLennan H.B. No. 2121       A BILL TO BE ENTITLED   AN ACT   relating to damages in certain contract claims against the state.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 2260.003, Government Code, is amended by   adding Subsection (d) to read as follows:          (d)  Notwithstanding Subsection (c), an award of damages   under this chapter may include attorney's fees if:                (1)  the claim is for breach of a written contract for:                      (A)  engineering, architectural, or construction   services; or                       (B)  materials related to the services described   by Paragraph (A); and                 (2)  the amount in controversy is less than $250,000,   excluding penalties, costs, expenses, prejudgment interest, and   attorney's fees.          SECTION 2.  Section 2260.003, Government Code, as amended by   this Act, applies only to an action filed on or after the effective   date of this Act. An action filed before the effective date of this   Act is governed by the law applicable to the action 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, 2017.