By: Perry, Creighton S.B. No. 851
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 the
court considers equitable and just. The court may not award more
than $250,000 in attorney's fees. [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 a [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 the court considers 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 Section 36.066(h), Water Code, is repealed.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. Sections 36.066(g) and 36.102(d), Water Code, as
amended by this Act, apply only to an action filed on or after the
effective date of this Act. An action that is filed 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 5. This Act takes effect September 1, 2019.