76R10743 WP-D
By Hilderbran H.B. No. 3385
Substitute the following for H.B. No. 3385:
By Krusee C.S.H.B. No. 3385
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the award of attorney's fees and court costs in certain
1-3 actions to determine whether a governmental action results in a
1-4 taking of private real property.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 2007.026(b), Government Code, is amended
1-7 to read as follows:
1-8 (b) The court or the state agency may [shall] award a
1-9 governmental entity that prevails in a suit or contested case filed
1-10 under this subchapter reasonable and necessary attorney's fees and
1-11 court costs.
1-12 SECTION 2. The change in law made by this Act applies to a
1-13 suit or contested case filed before the effective date of this Act
1-14 only if a judgment or final decision or order in the suit or case
1-15 was not rendered or issued before that date.
1-16 SECTION 3. The importance of this legislation and the
1-17 crowded condition of the calendars in both houses create an
1-18 emergency and an imperative public necessity that the
1-19 constitutional rule requiring bills to be read on three several
1-20 days in each house be suspended, and this rule is hereby suspended,
1-21 and that this Act take effect and be in force from and after its
1-22 passage, and it is so enacted.