87R5290 SCL-F
By: Dutton H.B. No. 1495
A BILL TO BE ENTITLED
AN ACT
relating to the award of court costs and attorney's fees in certain
actions challenging certain local laws or the failure of an officer
of certain political subdivisions to perform certain acts.
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.0001. APPLICABILITY. This chapter does not apply
to a municipality or county with a population of less than 45,000.
Sec. 38A.0002. 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.0003. FAILURE OF OFFICER OF POLITICAL SUBDIVISION
TO PERFORM CERTAIN ACTS. 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.
SECTION 2. This Act applies only to an action commenced on
or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.