Bill Text: TX HB2023 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the award of court costs and attorney's fees in certain actions involving regulation by political subdivisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-04-26 - Committee report sent to Calendars [HB2023 Detail]
Download: Texas-2023-HB2023-Comm_Sub.html
| 88R17637 MZM-F | |||
| By: Muñoz, Jr. | H.B. No. 2023 | ||
| Substitute the following for H.B. No. 2023: | |||
| By: Burns | C.S.H.B. No. 2023 | ||
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| relating to the award of court costs and attorney's fees in certain | ||
| actions involving regulation by political subdivisions. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 250, Local Government Code, is amended | ||
| by adding Section 250.014 to read as follows: | ||
| Sec. 250.014. AWARD OF COURT COSTS AND ATTORNEY'S FEES IN | ||
| CERTAIN ACTIONS. (a) If a court determines that an order, | ||
| ordinance, regulatory decision, denial of an application, refusal | ||
| to issue a permit, or similar measure of a political subdivision is | ||
| unenforceable because it is preempted by the Texas Constitution or | ||
| a statute of this state, the court shall award the person prevailing | ||
| in the action on that basis court costs and reasonable attorney's | ||
| fees, including expert witness fees, to be paid by the political | ||
| subdivision. | ||
| (b) If a court determines that an officer of a political | ||
| subdivision has failed to perform an act of the office required by | ||
| the Texas Constitution or a statute of this state, the court shall | ||
| award the person prevailing in the action challenging the officer | ||
| for failure to perform that act court costs and reasonable | ||
| attorney's fees, including expert witness fees, to be paid by the | ||
| political subdivision for which the officer served at the time of | ||
| the failure to perform the act. | ||
| (c) If a court determines that a municipality or county has | ||
| failed to comply with a requirement of Chapter 212 or 232, the court | ||
| shall award the person prevailing in the action court costs and | ||
| reasonable attorney's fees, including expert witness fees, to be | ||
| paid by the municipality or county, as applicable. | ||
| SECTION 2. Section 250.014, Local Government Code, as added | ||
| by this Act, applies only to an action commenced on or after the | ||
| effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
