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A BILL TO BE ENTITLED
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AN ACT
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relating to the award of attorney's fees and other costs in certain |
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suits involving a groundwater conservation district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.066, Water Code, is amended by |
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amending Subsections (g) and (h) and adding Subsection (i) to read |
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as follows: |
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(g) If the district prevails in any suit other than a suit in |
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which it voluntarily intervenes, the district may seek and the |
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court may [shall] grant, in the interests of justice and as provided |
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by Subsection (h), in the same action, recovery for attorney's |
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fees, costs for expert witnesses, and other costs incurred by the |
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district before the court. The amount of the attorney's fees shall |
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be fixed by the court. |
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(h) If the district prevails on some, but not all, of the |
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issues in the suit, the court may [shall] award attorney's fees and |
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costs only for those issues on which the district prevails. The |
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district has the burden of segregating the attorney's fees and |
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costs in order for the court to make an award. |
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(i) Notwithstanding Section 36.052(a), Subsections (g) and |
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(h) of this section prevail over any special law inconsistent with |
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those subsections. |
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SECTION 2. Section 36.102, Water Code, is amended by |
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amending Subsection (d) and adding Subsection (f) to read as |
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follows: |
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(d) If the district prevails in any suit to enforce its |
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rules, the district may seek and the court may [shall] grant against |
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any person, in the same action, recovery for attorney's fees, costs |
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for expert witnesses, and other costs incurred by the district |
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before the court. The amount of the attorney's fees shall be fixed |
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by the court. |
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(f) Notwithstanding Section 36.052(a), Subsection (d) of |
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this section prevails over any special law inconsistent with that |
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subsection. |
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SECTION 3. The changes in law made by this Act apply only to |
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a suit involving a groundwater conservation district that is filed |
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on or after the effective date of this Act. A suit filed before the |
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effective date of this Act is subject to the law in effect on the |
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date the suit is filed, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |