Bill Text: TX HB4072 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the award of attorney's fees in an election contest.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-04-27 - Left pending in committee [HB4072 Detail]
Download: Texas-2015-HB4072-Introduced.html
| By: Muñoz, Jr. | H.B. No. 4072 | |
|
|
||
|
|
||
| rela | ||
| ting to the award of attorney's fees in an election contest. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Amend Chapter 231, Election Code, by adding | ||
| Sections 231.010 and 231.011 to read as follows: | ||
| Sec. 231.010. FRIVOLOUS PETITION. (a) On the motion of a | ||
| party or on the judge's own motion, the district judge may determine | ||
| whether the contestant's petition is frivolous or otherwise does | ||
| not state the grounds necessary to maintain the contest. | ||
| (b) If the judge determines that the contestant's petition | ||
| is frivolous or otherwise groundless, the judge may dismiss the | ||
| contest with prejudice. | ||
| Sec. 231.011. AWARD OF ATTORNEY'S FEES. The district judge | ||
| may order the contestant to pay the reasonable attorney's fees of | ||
| the contestee if the judge determines under Section 23.010 that the | ||
| contestant's petition was frivolous or otherwise groundless. | ||
| SECTION 2. Section 241.025, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 241.025. COSTS AND FEES OF CONTEST. (a) Subject to | ||
| Sections [ |
||
| considering an election contest may assess the costs and fees of the | ||
| contest against any one or more of the parties, except that costs or | ||
| fees may not be assessed against a contestee who prevails in the | ||
| contest. | ||
| (b) In a contest covered by Section 241.019, the committee | ||
| determines how the costs and fees are to be assessed. | ||
| SECTION 3. Chapter 241, Election Code, is amended by adding | ||
| Section 241.026 to read as follows: | ||
| Sec. 241.026. AWARD OF ATTORNEY'S FEES. (a) The house | ||
| considering an election contest may order the contestant to pay the | ||
| reasonable attorney's fees of the contestee if the committee | ||
| hearing the contest agrees with a determination under Section | ||
| 241.0091 that the contestant's petition was frivolous or otherwise | ||
| groundless. | ||
| (b) In a contest covered by Section 241.019, the committee | ||
| determines if attorney's fees may be awarded under Subsection (a). | ||
| SECTION 4. The change in law made by this Act applies only | ||
| to an election contest for which the initial petition is filed on or | ||
| after the effective date of this Act. | ||
