By: Huffines  S.B. No. 635
         (In the Senate - Filed January 27, 2017; February 13, 2017,
  read first time and referred to Committee on Intergovernmental
  Relations; May 2, 2017, reported favorably by the following vote:  
  Yeas 5, Nays 1; May 2, 2017, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the award of court costs and attorney's fees in certain
  actions challenging an order, ordinance, or similar measure of a
  political subdivision or the failure of an officer of a political
  subdivision to perform certain actions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 2, Civil Practice and Remedies
  Code, is amended by adding Chapter 38A to read as follows:
  CHAPTER 38A. AWARD OF COURT COSTS AND ATTORNEY'S FEES IN CERTAIN
  ACTIONS
         Sec. 38A.001.  PREEMPTION CHALLENGE AGAINST POLITICAL
  SUBDIVISION. If a court determines that an order, ordinance, or
  similar measure of a political subdivision is unenforceable because
  it is preempted by the state constitution or a state statute, the
  court shall award the person prevailing in the action challenging
  the order, ordinance, or measure on that basis court costs and
  reasonable and necessary attorney's fees to be paid by the
  political subdivision.
         Sec. 38A.002.  FAILURE OF OFFICER OF POLITICAL SUBDIVISION
  TO PERFORM CERTAIN ACTIONS. If a court determines that an officer
  of a political subdivision has failed to perform an act of the
  office required by the state constitution or a state statute, the
  court shall award the person prevailing in the action challenging
  the officer for failure to perform that act court costs and
  reasonable and necessary attorney's fees to be paid by the
  political subdivision for which the officer served at the time of
  the failure to perform the act.
         SECTION 2.  This Act applies only to an action commenced on
  or after the effective date of this Act. An action commenced before
  the effective date of this Act is governed by the law applicable to
  the action immediately before the effective date of this Act, and
  that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2017.
 
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