Texas House Bill HB2023

Texas 2023 - 88th Regular

• Filed: 2/8/23
• Out of House Committee: 4/25/23

Caption

Relating to the award of court costs and attorney's fees in certain actions involving regulation by political subdivisions.

Impact

Upon its enactment, HB 2023 will modify Chapter 250 of the Local Government Code, specifically adding Section 250.014, which clarifies the circumstances under which courts must award costs and fees. The intent is to provide a deterrent against local governments' non-compliance with state laws and to ensure that individuals have a clear recourse for grievances against municipal actions. The bill is projected to impact local governance by increasing the legal risks associated with regulatory decisions and could result in more thorough compliance to state laws by municipalities.

Summary

House Bill 2023, introduced by Representative Muñoz, addresses the award of court costs and attorney's fees in actions involving regulations enacted by political subdivisions. The bill mandates that a court must award these costs to a successful litigant in various circumstances where a political subdivision's actions are found to be unenforceable, preempted by state law, or where a failure to act in accordance with legal requirements occurred. This legislation is designed to hold local governments accountable for their compliance with state statutes and constitutional provisions.

Sentiment

The sentiment surrounding HB 2023 appears largely supportive among its proponents, particularly from the Texas Land Developers Association, who argue that the bill is necessary for establishing accountability and ensuring that local governments adhere to state mandates. Testimonies from supporters highlight the perceived prevalence of non-compliance by cities, suggesting that this bill would empower property owners through legal means. Conversely, it is likely that local governments and some advocacy groups may contest the bill as it places additional financial burdens on them in legal disputes.

Contention

The bill has notable points of contention, particularly regarding its implications for local control. Critics may argue that the enforcement of such a stipulation might lead to an overreach by the state into local matters, potentially undermining local governance. There are concerns that the legislation might create a contentious environment where local governments could be easily sued for regulatory actions, even for minor infringements. As such, discussions around the balance of power between state and local jurisdictions are likely to be significant as the bill progresses through the legislative process.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 250. Miscellaneous Regulatory Authority
  • Section: New Section
  • Section: 011

• Chapter 212. Municipal Regulation Of Subdivisions And Property Development
  • Section: New Section

• Chapter 232. County Regulation Of Subdivisions
  • Section: New Section