Texas House Bill HB1495

Texas 2021 - 87th 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 acts.

Impact

The bill specifically exempts municipalities and counties with populations under 45,000, thereby targeting larger political subdivisions where legal challenges may arise more frequently. This means that smaller local governments may not face the same level of financial repercussions for enforcement of local regulations, potentially resulting in a shift in the burden of costs associated with legal actions to higher-population areas. Such a distinction could influence how local governments implement regulations that align with state statutes.

Summary

House Bill 1495 addresses the issue of court costs and attorney's fees in relation to certain legal actions that challenge local laws or the actions of officers in political subdivisions. Specifically, the bill establishes provisions under which a party that successfully challenges an ordinance or order from a political subdivision can be awarded court costs and reasonable attorney's fees. This applies when a court finds that the challenged measure is unenforceable due to being preempted by state law or the constitution.

Contention

There may be notable contentions surrounding the bill as it potentially increases the risks and costs for local governments defending their laws and regulations. Supporters of the bill argue that it ensures that local ordinances are held accountable to state law, fostering a legal landscape that discourages municipalities from overstepping their bounds. However, critics could argue that this undermines local control and could discourage proactive governance at the municipal level, especially in progressive jurisdictions that may seek to implement laws addressing local concerns.

Additional_notes

Ultimately, HB 1495 sets a precedent for how challenges to local governance are handled within the court system, affecting both the fiscal responsibilities of local governing bodies and the balance of power between state and local authorities. As the bill progresses, it is likely to be closely monitored for its implications on local law making and enforcement.