BILL ANALYSIS

H.B. 1704

By: Kuempel

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties cite recent case law holding that the law governing an action to determine the applicability of certain local government regulations does not allow the prevailing party in such an action to recover court costs and attorney's fees and contend that this creates undesirable inconsistency with the Uniform Declaratory Judgments Act. H.B. 1704 seeks to address this issue by authorizing a court in such an action to award court costs and reasonable and necessary attorney's fees to the prevailing party.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1704 amends the Local Government Code to authorize a court to award court costs and reasonable and necessary attorney's fees to the prevailing party in an action brought under statutory provisions relating to the regulatory authority of certain political subdivisions to issue certain permits.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2017.