| 1 | 1 | | By: Muñoz, Jr. H.B. No. 4072 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | rela |
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| 7 | 7 | | ting to the award of attorney's fees in an election contest. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Amend Chapter 231, Election Code, by adding |
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| 10 | 10 | | Sections 231.010 and 231.011 to read as follows: |
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| 11 | 11 | | Sec. 231.010. FRIVOLOUS PETITION. (a) On the motion of a |
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| 12 | 12 | | party or on the judge's own motion, the district judge may determine |
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| 13 | 13 | | whether the contestant's petition is frivolous or otherwise does |
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| 14 | 14 | | not state the grounds necessary to maintain the contest. |
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| 15 | 15 | | (b) If the judge determines that the contestant's petition |
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| 16 | 16 | | is frivolous or otherwise groundless, the judge may dismiss the |
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| 17 | 17 | | contest with prejudice. |
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| 18 | 18 | | Sec. 231.011. AWARD OF ATTORNEY'S FEES. The district judge |
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| 19 | 19 | | may order the contestant to pay the reasonable attorney's fees of |
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| 20 | 20 | | the contestee if the judge determines under Section 23.010 that the |
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| 21 | 21 | | contestant's petition was frivolous or otherwise groundless. |
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| 22 | 22 | | SECTION 2. Section 241.025, Election Code, is amended to |
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| 23 | 23 | | read as follows: |
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| 24 | 24 | | Sec. 241.025. COSTS AND FEES OF CONTEST. (a) Subject to |
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| 25 | 25 | | Sections [Section] 221.013(a) and 241.026(a), the house |
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| 26 | 26 | | considering an election contest may assess the costs and fees of the |
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| 27 | 27 | | contest against any one or more of the parties, except that costs or |
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| 28 | 28 | | fees may not be assessed against a contestee who prevails in the |
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| 29 | 29 | | contest. |
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| 30 | 30 | | (b) In a contest covered by Section 241.019, the committee |
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| 31 | 31 | | determines how the costs and fees are to be assessed. |
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| 32 | 32 | | SECTION 3. Chapter 241, Election Code, is amended by adding |
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| 33 | 33 | | Section 241.026 to read as follows: |
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| 34 | 34 | | Sec. 241.026. AWARD OF ATTORNEY'S FEES. (a) The house |
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| 35 | 35 | | considering an election contest may order the contestant to pay the |
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| 36 | 36 | | reasonable attorney's fees of the contestee if the committee |
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| 37 | 37 | | hearing the contest agrees with a determination under Section |
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| 38 | 38 | | 241.0091 that the contestant's petition was frivolous or otherwise |
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| 39 | 39 | | groundless. |
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| 40 | 40 | | (b) In a contest covered by Section 241.019, the committee |
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| 41 | 41 | | determines if attorney's fees may be awarded under Subsection (a). |
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| 42 | 42 | | SECTION 4. The change in law made by this Act applies only |
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| 43 | 43 | | to an election contest for which the initial petition is filed on or |
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| 44 | 44 | | after the effective date of this Act. |
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