| 1 | 1 | | By: Huffines S.B. No. 635 |
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| 2 | 2 | | (Schofield) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the award of court costs and attorney's fees in certain |
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| 8 | 8 | | actions challenging an order, ordinance, or similar measure of |
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| 9 | 9 | | certain political subdivisions or the failure of an officer of |
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| 10 | 10 | | certain political subdivisions to perform certain actions. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subtitle C, Title 2, Civil Practice and Remedies |
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| 13 | 13 | | Code, is amended by adding Chapter 38A to read as follows: |
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| 14 | 14 | | CHAPTER 38A. AWARD OF COURT COSTS AND ATTORNEY'S FEES IN CERTAIN |
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| 15 | 15 | | ACTIONS |
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| 16 | 16 | | Sec. 38A.001. PREEMPTION CHALLENGE AGAINST POLITICAL |
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| 17 | 17 | | SUBDIVISION. If a court determines that an order, ordinance, or |
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| 18 | 18 | | similar measure of a political subdivision is unenforceable because |
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| 19 | 19 | | it is preempted by the state constitution or a state statute, the |
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| 20 | 20 | | court shall award the person prevailing in the action challenging |
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| 21 | 21 | | the order, ordinance, or measure on that basis court costs and |
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| 22 | 22 | | reasonable and necessary attorney's fees to be paid by the |
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| 23 | 23 | | political subdivision. |
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| 24 | 24 | | Sec. 38A.002. FAILURE OF OFFICER OF POLITICAL SUBDIVISION |
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| 25 | 25 | | TO PERFORM CERTAIN ACTIONS. If a court determines that an officer |
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| 26 | 26 | | of a political subdivision has failed to perform an act of the |
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| 27 | 27 | | office required by the state constitution or a state statute, the |
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| 28 | 28 | | court shall award the person prevailing in the action challenging |
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| 29 | 29 | | the officer for failure to perform that act court costs and |
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| 30 | 30 | | reasonable and necessary attorney's fees to be paid by the |
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| 31 | 31 | | political subdivision for which the officer served at the time of |
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| 32 | 32 | | the failure to perform the act. |
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| 33 | 33 | | Sec. 38A.003. APPLICABILITY. This chapter does not apply |
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| 34 | 34 | | to a municipality or a county with a population of less than 45,000. |
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| 35 | 35 | | SECTION 2. This Act applies only to an action commenced on |
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| 36 | 36 | | or after the effective date of this Act. An action commenced before |
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| 37 | 37 | | the effective date of this Act is governed by the law applicable to |
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| 38 | 38 | | the action immediately before the effective date of this Act, and |
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| 39 | 39 | | that law is continued in effect for that purpose. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2017. |
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