By Hilderbran H.B. No. 3385
76R6642 WP-D
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, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 2007.026. FEES AND COSTS. [(a)] The court or the
1-9 state agency shall award a private real property owner who prevails
1-10 in a suit or contested case filed under this subchapter reasonable
1-11 and necessary attorney's fees and court costs.
1-12 [(b) The court or the state agency shall award a
1-13 governmental entity that prevails in a suit or contested case filed
1-14 under this subchapter reasonable and necessary attorney's fees and
1-15 court costs.]
1-16 SECTION 2. The change in law made by this Act applies to a
1-17 suit or contested case filed before the effective date of this Act
1-18 only if a judgment or final decision or order in the suit or case
1-19 was not rendered or issued before that date.
1-20 SECTION 3. The importance of this legislation and the
1-21 crowded condition of the calendars in both houses create an
1-22 emergency and an imperative public necessity that the
1-23 constitutional rule requiring bills to be read on three several
1-24 days in each house be suspended, and this rule is hereby suspended,
2-1 and that this Act take effect and be in force from and after its
2-2 passage, and it is so enacted.