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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 challenging certain local laws, local regulatory actions, |
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or the failure of an officer of certain political subdivisions to |
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perform certain actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 250, Subtitle C, Title 7, Local |
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Government Code, is amended by adding Section 250.011 to read as |
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follows: |
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Sec. 250.011. 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 state constitution or |
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a state statute, the court shall award the person prevailing in the |
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action challenging the order, ordinance, regulatory decision, |
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denial of an application, refusal to issue a permit, or measure on |
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that basis court costs and reasonable attorney's fees, including |
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expert witness fees, to be paid by the political 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 state constitution or a state statute, the court shall award the |
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person prevailing in the action challenging the officer for failure |
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to perform that act court costs and reasonable attorney's fees, |
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including expert witness fees, to be paid by the political |
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subdivision for which the officer served at the time of the failure |
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to perform the act. |
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(c) If a court determines that a political subdivision has |
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failed to comply with the requirements of Chapter 212 of this Code, |
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the court shall award the person prevailing in the action court |
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costs and reasonable attorney's fees, including expert witness |
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fees, to be paid by the political subdivision. |
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(d) If a court determines that a political subdivision has |
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failed to comply with the requirements of Chapter 232 of this Code, |
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the court shall award the person prevailing in the action court |
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costs and reasonable attorney's fees, including expert witness |
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fees, to be paid by the political subdivision. |
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(e) This section applies only to an action commenced on or |
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after the effective date of this Act. |
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SECTION 2. This Act takes effect September 1, 2023. |