Bill Text: TX HB966 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the award of attorney's fees and other costs in certain suits involving a groundwater conservation district.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-01 - Referred to Natural Resources [HB966 Detail]
Download: Texas-2021-HB966-Introduced.html
87R1361 BRG-F | ||
By: Burns | H.B. No. 966 |
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relating to the award of attorney's fees and other costs in certain | ||
suits involving a groundwater conservation district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 36.066, Water Code, is amended by | ||
amending Subsections (g) and (h) and adding Subsection (i) to read | ||
as follows: | ||
(g) If the district prevails in any suit other than a suit in | ||
which it voluntarily intervenes, the district may seek and the | ||
court may [ |
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by Subsection (h), in the same action, recovery for attorney's | ||
fees, costs for expert witnesses, and other costs incurred by the | ||
district before the court. The amount of the attorney's fees shall | ||
be fixed by the court. | ||
(h) If the district prevails on some, but not all, of the | ||
issues in the suit, the court may [ |
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costs only for those issues on which the district prevails. The | ||
district has the burden of segregating the attorney's fees and | ||
costs in order for the court to make an award. | ||
(i) Notwithstanding Section 36.052(a), Subsections (g) and | ||
(h) of this section prevail over any special law inconsistent with | ||
those subsections. | ||
SECTION 2. Section 36.102, Water Code, is amended by | ||
amending Subsection (d) and adding Subsection (f) to read as | ||
follows: | ||
(d) If the district prevails in any suit to enforce its | ||
rules, the district may seek and the court may [ |
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any person, in the same action, recovery for attorney's fees, costs | ||
for expert witnesses, and other costs incurred by the district | ||
before the court. The amount of the attorney's fees shall be fixed | ||
by the court. | ||
(f) Notwithstanding Section 36.052(a), Subsection (d) of | ||
this section prevails over any special law inconsistent with that | ||
subsection. | ||
SECTION 3. The changes in law made by this Act apply 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 4. This Act takes effect September 1, 2021. |