By: Perry S.B. No. 862
(In the Senate - Filed February 14, 2017;
February 27, 2017, read first time and referred to Committee on
Agriculture, Water & Rural Affairs; April 6, 2017, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 4, Nays 3; April 6, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 862 By: Kolkhorst
A BILL TO BE ENTITLED
AN ACT
relating to the award of attorney's fees and other costs in certain
proceedings involving a groundwater conservation district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.066(g), Water Code, is amended to
read as follows:
(g) In a suit to which [If] the district is a party,
[prevails in any suit other than a suit in which it voluntarily
intervenes, the district may seek and] the court may [shall] grant
reasonable and necessary[, in the interests of justice and as
provided by Subsection (h), in the same action, recovery for]
attorney's fees, costs for expert witnesses, and other costs
incurred by the prevailing party [district] before the court as are
equitable and just. [The amount of the attorney's fees shall be
fixed by the court.]
SECTION 2. Section 36.102(d), Water Code, is amended to
read as follows:
(d) In [If the district prevails in] any suit to enforce the
district's [its] rules, the [district may seek and the] court may
[shall] grant reasonable and necessary [against any person, in the
same action, recovery for] attorney's fees, costs for expert
witnesses, and other costs incurred by the prevailing party
[district] before the court as are equitable and just. [The amount
of the attorney's fees shall be fixed by the court.]
SECTION 3. Section 36.066(h), Water Code, is repealed.
SECTION 4. The changes in law made by this Act apply only to
a proceeding commenced under Chapter 36, Water Code, on or after the
effective date of this Act. A proceeding commenced before the
effective date of this Act is governed by the law applicable to the
proceeding immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2017.
* * * * *