Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB54

Caption

Relating to the award of court costs and attorney's fees in certain actions challenging an order, ordinance, or similar measure of certain political subdivisions or the failure of an officer of certain political subdivisions to perform certain actions.

Impact

The bill establishes a framework that could encourage individuals and entities to take legal action against local governments for ordinances they perceive as exceeding their authority or conflicting with state law. The intent is to promote accountability among political subdivisions while ensuring that those who are successful in such challenges are compensated for the legal costs incurred. It could lead to a more uniform interpretation and application of state laws, potentially reducing legal ambiguities that arise from conflicting local ordinances.

Summary

SB54 aims to amend the Civil Practice and Remedies Code by introducing provisions related to the awarding of court costs and attorney's fees in specific legal actions challenging orders or ordinances enacted by political subdivisions. Notably, if a court rules that a measure from a political subdivision is unenforceable due to being preempted by state law or the constitution, the subdivision will be responsible for paying the legal costs of the prevailing party. This reflects a broader legislative intent to enhance accessibility to legal recourse against potentially overreaching local regulations.

Contention

The bill's implications may spark debates regarding local governance versus state authority. Opponents may argue that it undermines the ability of local governments to effectively regulate issues that pertain closely to their communities, potentially leading to a homogenization of governance that doesn't consider local needs. Additionally, the exemption of municipalities or counties with populations under 25,000 from these provisions may raise concerns about equitable application of justice and could lead to disparities in legal accountability among larger versus smaller political entities.

Companion Bills

No companion bills found.

Previously Filed As

TX HB2023

Relating to the award of court costs and attorney's fees in certain actions involving regulation by political subdivisions.

TX HB5222

Relating to consent to the creation of certain political subdivisions.

TX SB2349

Relating to consent to the creation of certain political subdivisions.

TX HB3002

Relating to the authority of certain political subdivisions to issue certificates of obligation.

TX SB1412

Relating to regulation of accessory dwelling units by political subdivisions.

TX SB175

Relating to the use by a political subdivision of public funds for lobbying and certain other activities.

TX SB12

Relating to the use by a political subdivision of public funds for lobbying and certain other activities.

TX SB18

Relating to the use by a political subdivision of public funds for lobbying and certain other activities.

TX SB1104

Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

TX HB2654

Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

Similar Bills

No similar bills found.