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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 involving regulation by political subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 250, Local Government Code, is amended |
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by adding Section 250.014 to read as follows: |
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Sec. 250.014. AWARD OF COURT COSTS AND ATTORNEY'S FEES IN |
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CERTAIN ACTIONS. (a) If a court determines that an order, |
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ordinance, regulatory decision, denial of an application, refusal |
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to issue a permit, or similar measure of a political subdivision is |
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unenforceable because it is preempted by the Texas Constitution or |
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a statute of this state, the court shall award the person prevailing |
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in the action on that basis court costs and reasonable attorney's |
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fees, including expert witness fees, to be paid by the political |
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subdivision. |
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(b) If a court determines that an officer of a political |
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subdivision has failed to perform an act of the office required by |
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the Texas Constitution or a statute of this state, the court shall |
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award the person prevailing in the action challenging the officer |
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for failure to perform that act court costs and reasonable |
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attorney's fees, including expert witness 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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(c) If a court determines that a municipality or county has |
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failed to comply with a requirement of Chapter 212 or 232, the court |
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shall award the person prevailing in the action court costs and |
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reasonable attorney's fees, including expert witness fees, to be |
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paid by the municipality or county, as applicable. |
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SECTION 2. Section 250.014, Local Government Code, as added |
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by this Act, applies only to an action commenced on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |