HB 1050
AN ACT relating to the award of attorney's fees in certain suits involving
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Modifies how attorney's fees are awarded in legal cases involving groundwater conservation districts. If a party prevails in a lawsuit against such a district, they can now seek and be granted attorney's fees, expert witness costs, and other legal expenses, with the court determining the specific amount. The bill applies only to lawsuits filed on or after September 1, 2025, and requires the prevailing party to segregate fees for issues they successfully argued.
Subject Areas
Bill Text
relating to the award of attorney's fees in certain suits involving a groundwater conservation district. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 36.066(g) and (h), Water Code, are (g) Except for [If the district prevails in any suit other than] a suit in which a district [it] voluntarily intervenes, the prevailing party in a suit governed by this section [district] may seek and the court shall grant, 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. The amount of the attorney's fees shall be fixed by the court. (h) The court shall award to a prevailing party that [If the district] prevails on some, but not all, of the issues in the suit [, the court shall award] attorney's fees and costs only for those issues on which the party [district] prevails. The prevailing party [district] has the burden of segregating the attorney's fees and costs in order for the court to make an award. SECTION 2. Section 36.066, Water Code, as amended by this Act, applies only to a suit involving a groundwater conservation district that is filed on or after the effective date of this Act. A suit filed before the effective date of this Act is subject to the law in effect on the date the suit is filed, and that law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2025.
Bill Sponsors
Legislators who authored or co-sponsored this bill.
Bill History
Bill filed: AN ACT relating to the award of attorney's fees in certain suits involving
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