By: Muñoz H.B. No. 4825
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, local regulatory actions,
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. Chapter 250, Subtitle C, Title 7, Local
Government Code, is amended by adding Section 250.011 to read as
follows:
Sec. 250.011. AWARD OF COURT COSTS AND ATTORNEY'S FEES IN
CERTAIN ACTIONS. (a) If a court determines that an order,
ordinance, regulatory decision, denial of an application, refusal
to issue a permit, 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, regulatory decision,
denial of an application, refusal to issue a permit, or measure on
that basis court costs and reasonable attorney's fees, including
expert witness fees, to be paid by the political subdivision.
(b) 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 attorney's fees,
including expert witness fees, to be paid by the political
subdivision for which the officer served at the time of the failure
to perform the act.
(c) If a court determines that a political subdivision has
failed to comply with the requirements of Chapter 212 of this Code,
the court shall award the person prevailing in the action court
costs and reasonable attorney's fees, including expert witness
fees, to be paid by the political subdivision.
(d) If a court determines that a political subdivision has
failed to comply with the requirements of Chapter 232 of this Code,
the court shall award the person prevailing in the action court
costs and reasonable attorney's fees, including expert witness
fees, to be paid by the political subdivision.
(e) This section applies only to an action commenced on or
after the effective date of this Act.
SECTION 2. This Act takes effect September 1, 2025.