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A BILL TO BE ENTITLED
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AN ACT
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relating to the award of court costs and attorney's fees in certain |
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actions challenging an order, ordinance, or similar measure of |
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certain political subdivisions or the failure of an officer of |
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certain political subdivisions to perform certain actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 2, Civil Practice and Remedies |
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Code, is amended by adding Chapter 38A to read as follows: |
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CHAPTER 38A. AWARD OF COURT COSTS AND ATTORNEY'S FEES IN CERTAIN |
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ACTIONS |
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Sec. 38A.001. PREEMPTION CHALLENGE AGAINST POLITICAL |
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SUBDIVISION. If a court determines that an order, ordinance, or |
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similar measure of a political subdivision is unenforceable because |
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it is preempted by the state constitution or a state statute, the |
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court shall award the person prevailing in the action challenging |
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the order, ordinance, or measure on that basis court costs and |
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reasonable and necessary attorney's fees to be paid by the |
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political subdivision. |
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Sec. 38A.002. FAILURE OF OFFICER OF POLITICAL SUBDIVISION |
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TO PERFORM CERTAIN ACTIONS. If a court determines that an officer |
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of a political subdivision has failed to perform an act of the |
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office required by the state constitution or a state statute, the |
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court shall award the person prevailing in the action challenging |
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the officer for failure to perform that act court costs and |
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reasonable and necessary attorney's fees to be paid by the |
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political subdivision for which the officer served at the time of |
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the failure to perform the act. |
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Sec. 38A.003. APPLICABILITY. This chapter does not apply |
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to a municipality or a county with a population of less than 45,000. |
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SECTION 2. This Act applies only to an action commenced on |
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or after the effective date of this Act. An action commenced before |
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the effective date of this Act is governed by the law applicable to |
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the action immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |