By: Perry	S.B. No. 862

	A BILL TO BE ENTITLED
	AN ACT
	relating to the award of attorney's fees and other costs in certain
	proceedings involving a groundwater conservation district.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 36.066(g), Water Code, is amended to
	read as follows:
	(g)  In a suit to which [If] the district is a party,
	[prevails in any suit other than a suit in which it voluntarily
	intervenes, the district may seek and] the court may [shall] grant
	reasonable and necessary[, in the interests of justice and as
	provided by Subsection (h), in the same action, recovery for]
	attorney's fees, costs for expert witnesses, and other costs
	incurred by the prevailing party [district] before the court as are
	equitable and just.  The court may not award attorney's fees in an
	amount that exceeds $250,000.  [The amount of the attorney's fees
	shall be fixed by the court.]
	SECTION 2.  Section 36.102(d), Water Code, is amended to
	read as follows:
	(d)  In [If the district prevails in] any suit to enforce the
	district's [its] rules, the [district may seek and the] court may
	[shall] grant reasonable and necessary [against any person, in the
	same action, recovery for] attorney's fees, costs for expert
	witnesses, and other costs incurred by the prevailing party
	[district] before the court as are equitable and just.  The court
	may not award attorney's fees in an amount that exceeds $250,000.
	[The amount of the attorney's fees shall be fixed by the court.]
	SECTION 3.  Section 36.066(h), Water Code, is repealed.
	SECTION 4.  The changes in law made by this Act apply only to
	a proceeding commenced under Chapter 36, Water Code, on or after the
	effective date of this Act. A proceeding commenced before the
	effective date of this Act is governed by the law applicable to the
	proceeding immediately before the effective date of this Act, and
	that law is continued in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2017.