HB 1050

AN ACT relating to the award of attorney's fees in certain suits involving

House Bill Dorazio
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Fiscal Note

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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

filed

Bill filed: AN ACT relating to the award of attorney's fees in certain suits involving