HBA-ALS C.S.H.B. 3385 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3385 By: Hilderbran Land & Resource Management 4/25/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, a court or state agency is required to award reasonable and necessary attorney's fees and court costs to a governmental entity that prevails in a suit or contested case filed under this subchapter. There is a concern that this may discourage private landowners from seeking recourse in cases of regulatory takings. C.S.H.B. 3385 amends the law to allow, rather than require, a court or state agency to award reasonable and necessary attorney's fees and court costs to a governmental entity that prevails in a suit or contested case filed under Chapter 2007 (Governmental Action Affecting Private Property Rights), Subchapter B (Action to Determine Taking). RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2007.026, Government Code, to authorize, rather than require, a court or state agency to award reasonable and necessary attorney's fees and court costs to a governmental entity that prevails in a suit or contested case filed under this subchapter. SECTION 2.Makes application of this Act prospective. SECTION 3.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute removes the deletion of Subsection (b) in SECTION 1 (Section 2007.026, Government Code) of the original, which requires a court or state agency to award a governmental entity that prevails in a suit or contested case filed under this subchapter (relating to governmental action affecting private property) reasonable and necessary attorney's fees and court costs. The substitute amends Section 2007.026(b) to authorize, rather than require, a court or state agency to award reasonable and necessary attorney's fees and court costs to a governmental entity that prevails in a suit or contested case filed under this subchapter.