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By: Perry |
S.B. No. 862 |
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(In the Senate - Filed February 14, 2017; |
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February 27, 2017, read first time and referred to Committee on |
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Agriculture, Water & Rural Affairs; April 6, 2017, reported |
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adversely, with favorable Committee Substitute by the following |
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vote: Yeas 4, Nays 3; April 6, 2017, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR S.B. No. 862 |
By: Kolkhorst |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the award of attorney's fees and other costs in certain |
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proceedings involving a groundwater conservation district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.066(g), Water Code, is amended to |
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read as follows: |
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(g) In a suit to which [If] the district is a party, |
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[prevails in any suit other than a suit in which it voluntarily
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intervenes, the district may seek and] the court may [shall] grant |
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reasonable and necessary[, in the interests of justice and as
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provided by Subsection (h), in the same action, recovery for] |
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attorney's fees, costs for expert witnesses, and other costs |
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incurred by the prevailing party [district] before the court as are |
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equitable and just. [The amount of the attorney's fees shall be
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fixed by the court.] |
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SECTION 2. Section 36.102(d), Water Code, is amended to |
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read as follows: |
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(d) In [If the district prevails in] any suit to enforce the |
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district's [its] rules, the [district may seek and the] court may |
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[shall] grant reasonable and necessary [against any person, in the
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same action, recovery for] attorney's fees, costs for expert |
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witnesses, and other costs incurred by the prevailing party |
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[district] before the court as are equitable and just. [The amount
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of the attorney's fees shall be fixed by the court.] |
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SECTION 3. Section 36.066(h), Water Code, is repealed. |
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SECTION 4. The changes in law made by this Act apply only to |
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a proceeding commenced under Chapter 36, Water Code, on or after the |
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effective date of this Act. A proceeding commenced before the |
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effective date of this Act is governed by the law applicable to the |
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proceeding 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 5. This Act takes effect September 1, 2017. |
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