Texas House Bill HB4551

Texas 2019 - 86th Regular

Caption

Relating to the award of court costs and attorney's fees in certain actions challenging certain local laws or the failure of an officer of certain political subdivisions to perform certain actions.

Impact

The enforcement of HB 4551 is designed to encourage accountability among political subdivisions and their officers by imposing financial responsibilities if they are found to have enacted or failed to enforce laws contrary to state statutes. This could significantly influence how local governments approach legislation and governance, potentially deterring them from passing ordinances that could be easily challenged in court under state law. It underscores the state’s authority over local law, emphasizing the preemption of local regulations.

Summary

House Bill 4551 concerns the award of court costs and attorney's fees in actions that challenge certain local laws or the failure of officers of political subdivisions to perform specific actions required by law. The bill aims to establish a clear framework for these awards, mandating that courts should award prevailing parties in such challenges reasonable court costs and attorney's fees if it is determined that a local ordinance or action is preempted by state law.

Contention

Notable points of contention surrounding HB 4551 include concerns over the extent to which the bill would limit the autonomy of local governments. Critics argue that imposing court costs and attorney's fees on political subdivisions could stifle local governance and lead to a chilling effect on local lawmaking, especially in smaller municipalities which may lack the financial resources to contest or respond to challenges. Supporters, however, believe the bill will promote a clearer delineation of state versus local powers and reduce the burden on state courts by discouraging unfounded local ordinances.