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A BILL TO BE ENTITLED
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AN ACT
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relating to the award of attorney's fees and other costs in certain |
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proceedings involving a groundwater conservation district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.066(g), Water Code, is amended to |
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read as follows: |
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(g) In a suit to which [If] the district is a party, |
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[prevails in any suit other than a suit in which it voluntarily
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intervenes, the district may seek and] the court may [shall] grant |
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reasonable and necessary[, in the interests of justice and as
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provided by Subsection (h), in the same action, recovery for] |
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attorney's fees, costs for expert witnesses, and other costs |
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incurred by the prevailing party [district] before the court as the |
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court considers equitable and just. The court may not award more |
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than $250,000 in attorney's fees. [The amount of the attorney's
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fees shall be fixed by the court.] |
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SECTION 2. Section 36.102(d), Water Code, is amended to |
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read as follows: |
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(d) In a [If the district prevails in any] suit to enforce |
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the district's [its] rules, the [district may seek and the] court |
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may [shall] grant reasonable and necessary [against any person, in
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the same action, recovery for] attorney's fees, costs for expert |
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witnesses, and other costs incurred by the prevailing party |
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[district] before the court as the court considers equitable and |
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just. [The amount of the attorney's fees shall be fixed by the
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court.] |
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SECTION 3. Section 36.066(h), Water Code, is repealed. |
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SECTION 4. Sections 36.066(g) and 36.102(d), Water Code, as |
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amended by this Act, apply only to an action filed on or after the |
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effective date of this Act. An action that is filed before the |
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effective date of this Act is governed by the law applicable to the |
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action immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |
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