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A BILL TO BE ENTITLED
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AN ACT
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rela |
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ting to the award of attorney's fees in an election contest. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Amend Chapter 231, Election Code, by adding |
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Sections 231.010 and 231.011 to read as follows: |
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Sec. 231.010. FRIVOLOUS PETITION. (a) On the motion of a |
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party or on the judge's own motion, the district judge may determine |
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whether the contestant's petition is frivolous or otherwise does |
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not state the grounds necessary to maintain the contest. |
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(b) If the judge determines that the contestant's petition |
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is frivolous or otherwise groundless, the judge may dismiss the |
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contest with prejudice. |
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Sec. 231.011. AWARD OF ATTORNEY'S FEES. The district judge |
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may order the contestant to pay the reasonable attorney's fees of |
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the contestee if the judge determines under Section 23.010 that the |
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contestant's petition was frivolous or otherwise groundless. |
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SECTION 2. Section 241.025, Election Code, is amended to |
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read as follows: |
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Sec. 241.025. COSTS AND FEES OF CONTEST. (a) Subject to |
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Sections [Section] 221.013(a) and 241.026(a), the house |
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considering an election contest may assess the costs and fees of the |
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contest against any one or more of the parties, except that costs or |
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fees may not be assessed against a contestee who prevails in the |
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contest. |
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(b) In a contest covered by Section 241.019, the committee |
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determines how the costs and fees are to be assessed. |
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SECTION 3. Chapter 241, Election Code, is amended by adding |
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Section 241.026 to read as follows: |
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Sec. 241.026. AWARD OF ATTORNEY'S FEES. (a) The house |
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considering an election contest may order the contestant to pay the |
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reasonable attorney's fees of the contestee if the committee |
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hearing the contest agrees with a determination under Section |
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241.0091 that the contestant's petition was frivolous or otherwise |
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groundless. |
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(b) In a contest covered by Section 241.019, the committee |
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determines if attorney's fees may be awarded under Subsection (a). |
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SECTION 4. The change in law made by this Act applies only |
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to an election contest for which the initial petition is filed on or |
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after the effective date of this Act. |