By: Perry  S.B. No. 851
         (In the Senate - Filed February 15, 2019; March 1, 2019,
  read first time and referred to Committee on Water & Rural Affairs;
  April 4, 2019, reported favorably by the following vote:  Yeas 4,
  Nays 2; April 4, 2019, sent to printer.)
Click here to see the committee vote
 
 
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 the
  court considers equitable and just.  The court may not award more
  than $250,000 in attorney's fees.  [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 a [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 the court considers equitable and
  just.  [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  Section 36.066(h), Water Code, is repealed.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.  Sections 36.066(g) and 36.102(d), Water Code, as
  amended by this Act, apply only to an action filed on or after the
  effective date of this Act. An action that is filed 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 5.  This Act takes effect September 1, 2019.
 
  * * * * *