LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION May 11, 2017 TO: Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB635 by Huffines (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.), As Engrossed No significant fiscal implication to the State is anticipated. The bill would amend the Civil Practice and Remedies Code to impose liability for attorney's fees and litigation costs on any political subdivision whose order, ordinance, or other policy is found to be preempted by state law or if the court determines that an officer of the political subdivision failed to perform an act required by the state constitution or state statute. The bill would provide that an award of attorney's fees and litigation costs would be recoverable by any plaintiff prevailing in the suit challenging the political subdivision's or officer's conduct. The bill specifies that these provisions would not apply to a municipality or county with a population of less than 45,000. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources. Local Government Impact According to the Texas Association of Counties, the bill could have a significant fiscal impact on counties due to the potential liability that could be incurred as a result of a county order, ordinance, or other policy that is found to be preempted by state law, as well as for the failure to perform an act required by state constitution or state statute. Source Agencies:212 Office of Court Administration, Texas Judicial Council LBB Staff: UP, LBO, GDz, JGA
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
May 11, 2017
TO: Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB635 by Huffines (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.), As Engrossed
TO: Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: SB635 by Huffines (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.), As Engrossed
Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
SB635 by Huffines (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.), As Engrossed
SB635 by Huffines (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.), As Engrossed
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code to impose liability for attorney's fees and litigation costs on any political subdivision whose order, ordinance, or other policy is found to be preempted by state law or if the court determines that an officer of the political subdivision failed to perform an act required by the state constitution or state statute. The bill would provide that an award of attorney's fees and litigation costs would be recoverable by any plaintiff prevailing in the suit challenging the political subdivision's or officer's conduct. The bill specifies that these provisions would not apply to a municipality or county with a population of less than 45,000. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
Local Government Impact
According to the Texas Association of Counties, the bill could have a significant fiscal impact on counties due to the potential liability that could be incurred as a result of a county order, ordinance, or other policy that is found to be preempted by state law, as well as for the failure to perform an act required by state constitution or state statute.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: UP, LBO, GDz, JGA
UP, LBO, GDz, JGA