By: Muñoz, Jr. H.B. No. 4072
A BILL TO BE ENTITLED
AN ACT
rela
ting to the award of attorney's fees in an election contest.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Amend Chapter 231, Election Code, by adding
Sections 231.010 and 231.011 to read as follows:
Sec. 231.010. FRIVOLOUS PETITION. (a) On the motion of a
party or on the judge's own motion, the district judge may determine
whether the contestant's petition is frivolous or otherwise does
not state the grounds necessary to maintain the contest.
(b) If the judge determines that the contestant's petition
is frivolous or otherwise groundless, the judge may dismiss the
contest with prejudice.
Sec. 231.011. AWARD OF ATTORNEY'S FEES. The district judge
may order the contestant to pay the reasonable attorney's fees of
the contestee if the judge determines under Section 23.010 that the
contestant's petition was frivolous or otherwise groundless.
SECTION 2. Section 241.025, Election Code, is amended to
read as follows:
Sec. 241.025. COSTS AND FEES OF CONTEST. (a) Subject to
Sections [Section] 221.013(a) and 241.026(a), the house
considering an election contest may assess the costs and fees of the
contest against any one or more of the parties, except that costs or
fees may not be assessed against a contestee who prevails in the
contest.
(b) In a contest covered by Section 241.019, the committee
determines how the costs and fees are to be assessed.
SECTION 3. Chapter 241, Election Code, is amended by adding
Section 241.026 to read as follows:
Sec. 241.026. AWARD OF ATTORNEY'S FEES. (a) The house
considering an election contest may order the contestant to pay the
reasonable attorney's fees of the contestee if the committee
hearing the contest agrees with a determination under Section
241.0091 that the contestant's petition was frivolous or otherwise
groundless.
(b) In a contest covered by Section 241.019, the committee
determines if attorney's fees may be awarded under Subsection (a).
SECTION 4. The change in law made by this Act applies only
to an election contest for which the initial petition is filed on or
after the effective date of this Act.