Honorable Jodie Laubenberg, Chair, House Committee on Elections
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB4072 by Muñoz, Jr. (Relating to the award of attorney's fees in an election contest.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Elections Code to authorize a district judge to determine whether a contestant's petition is frivolous or otherwise groundless on the motion of a party or the judge's own motion and may dismiss the contest with prejudice. If the judge determines the contestant's petition to be frivolous or otherwise groundless then the judge may order the contestant to pay the attorney's fees of the contestee The bill would add fees to the items that could be assessed against a contestee and would allow the house considering an election contest to order the contestant to pay the reasonable attorney's fees of the contestee if the committee hearing the contest agrees with a determination that the contestant's petition was frivolous or otherwise groundless. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council