By: Huffines S.B. No. 635
(Schofield)
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 2, Civil Practice and Remedies
Code, is amended by adding Chapter 38A to read as follows:
CHAPTER 38A. AWARD OF COURT COSTS AND ATTORNEY'S FEES IN CERTAIN
ACTIONS
Sec. 38A.001. PREEMPTION CHALLENGE AGAINST POLITICAL
SUBDIVISION. If a court determines that an order, ordinance, or
similar measure of a political subdivision is unenforceable because
it is preempted by the state constitution or a state statute, the
court shall award the person prevailing in the action challenging
the order, ordinance, or measure on that basis court costs and
reasonable and necessary attorney's fees to be paid by the
political subdivision.
Sec. 38A.002. FAILURE OF OFFICER OF POLITICAL SUBDIVISION
TO PERFORM CERTAIN ACTIONS. If a court determines that an officer
of a political subdivision has failed to perform an act of the
office required by the state constitution or a state statute, the
court shall award the person prevailing in the action challenging
the officer for failure to perform that act court costs and
reasonable and necessary attorney's fees to be paid by the
political subdivision for which the officer served at the time of
the failure to perform the act.
Sec. 38A.003. APPLICABILITY. This chapter does not apply
to a municipality or a county with a population of less than 45,000.
SECTION 2. This Act applies only to an action commenced on
or after the effective date of this Act. An action commenced before
the effective date of this Act is governed by the law applicable to
the action immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.