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| 3 | 5 | | |
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| 4 | 6 | | A BILL TO BE ENTITLED |
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| 5 | 7 | | AN ACT |
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| 6 | 8 | | relating to the award of court costs and attorney's fees in certain |
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| 7 | 9 | | actions challenging certain local laws, local regulatory actions, |
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| 8 | 10 | | or the failure of an officer of certain political subdivisions to |
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| 9 | 11 | | perform certain actions. |
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| 10 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 13 | | SECTION 1. Chapter 250, Subtitle C, Title 7, Local |
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| 12 | 14 | | Government Code, is amended by adding Section 250.011 to read as |
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| 13 | 15 | | follows: |
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| 14 | 16 | | Sec. 250.011. AWARD OF COURT COSTS AND ATTORNEY'S FEES IN |
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| 15 | 17 | | CERTAIN ACTIONS. (a) If a court determines that an order, |
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| 16 | 18 | | ordinance, regulatory decision, denial of an application, refusal |
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| 17 | 19 | | to issue a permit, or similar measure of a political subdivision is |
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| 18 | 20 | | unenforceable because it is preempted by the state constitution or |
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| 19 | 21 | | a state statute, the court shall award the person prevailing in the |
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| 20 | 22 | | action challenging the order, ordinance, regulatory decision, |
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| 21 | 23 | | denial of an application, refusal to issue a permit, or measure on |
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| 22 | 24 | | that basis court costs and reasonable attorney's fees, including |
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| 23 | 25 | | expert witness fees, to be paid by the political subdivision. |
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| 24 | 26 | | (b) If a court determines that an officer of a political |
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| 25 | 27 | | subdivision has failed to perform an act of the office required by |
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| 26 | 28 | | the state constitution or a state statute, the court shall award the |
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| 27 | 29 | | person prevailing in the action challenging the officer for failure |
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| 28 | 30 | | to perform that act court costs and reasonable attorney's fees, |
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| 29 | 31 | | including expert witness fees, to be paid by the political |
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| 30 | 32 | | subdivision for which the officer served at the time of the failure |
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| 31 | 33 | | to perform the act. |
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| 32 | 34 | | (c) If a court determines that a political subdivision has |
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| 33 | 35 | | failed to comply with the requirements of Chapter 212 of this Code, |
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| 34 | 36 | | the court shall award the person prevailing in the action court |
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| 35 | 37 | | costs and reasonable attorney's fees, including expert witness |
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| 36 | 38 | | fees, to be paid by the political subdivision. |
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| 37 | 39 | | (d) If a court determines that a political subdivision has |
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| 38 | 40 | | failed to comply with the requirements of Chapter 232 of this Code, |
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| 39 | 41 | | the court shall award the person prevailing in the action court |
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| 40 | 42 | | costs and reasonable attorney's fees, including expert witness |
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| 41 | 43 | | fees, to be paid by the political subdivision. |
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| 42 | 44 | | (e) This section applies only to an action commenced on or |
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| 43 | 45 | | after the effective date of this Act. |
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| 44 | 46 | | SECTION 2. This Act takes effect September 1, 2025. |
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