By: Perry S.B. No. 862
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the award of attorney's fees and other costs in certain
  proceedings involving a groundwater conservation district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 36.066(g), Water Code, is amended to
  read as follows:
         (g)  In a suit to which [If] the district is a party,
  [prevails in any suit other than a suit in which it voluntarily
  intervenes, the district may seek and] the court may [shall] grant
  reasonable and necessary[, in the interests of justice and as
  provided by Subsection (h), in the same action, recovery for]
  attorney's fees, costs for expert witnesses, and other costs
  incurred by the prevailing party [district] before the court as are
  equitable and just.  The court may not award attorney's fees in an
  amount that exceeds $250,000.  [The amount of the attorney's fees
  shall be fixed by the court.]
         SECTION 2.  Section 36.102(d), Water Code, is amended to
  read as follows:
         (d)  In [If the district prevails in] any suit to enforce the
  district's [its] rules, the [district may seek and the] court may
  [shall] grant reasonable and necessary [against any person, in the
  same action, recovery for] attorney's fees, costs for expert
  witnesses, and other costs incurred by the prevailing party
  [district] before the court as are equitable and just.  The court
  may not award attorney's fees in an amount that exceeds $250,000.  
  [The amount of the attorney's fees shall be fixed by the court.]
         SECTION 3.  Section 36.066(h), Water Code, is repealed.
         SECTION 4.  The changes in law made by this Act apply only to
  a proceeding commenced under Chapter 36, Water Code, on or after the
  effective date of this Act. A proceeding commenced before the
  effective date of this Act is governed by the law applicable to the
  proceeding immediately before the effective date of this Act, and
  that law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2017.