HB4825 - Relating to the award of court costs and attorney's fees in certain actions challenging certain local laws, local regulatory actions, or the failure of an officer of certain political subdivisions to perform certain actions.

      By: Muñoz H.B. No. 4825       A BILL TO BE ENTITLED   AN ACT   relating to the award of court costs and attorney's fees in certain   actions challenging certain local laws, local regulatory actions,   or the failure of an officer of certain political subdivisions to   perform certain actions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 250, Subtitle C, Title 7, Local   Government Code, is amended by adding Section 250.011 to read as   follows:          Sec. 250.011.  AWARD OF COURT COSTS AND ATTORNEY'S FEES IN   CERTAIN ACTIONS. (a)  If a court determines that an order,   ordinance, regulatory decision, denial of an application, refusal   to issue a permit, or similar measure of a political subdivision is   unenforceable because it is preempted by the state constitution or   a state statute, the court shall award the person prevailing in the   action challenging the order, ordinance, regulatory decision,   denial of an application, refusal to issue a permit, or measure on   that basis court costs and reasonable attorney's fees, including   expert witness fees, to be paid by the political subdivision.          (b)  If a court determines that an officer of a political   subdivision has failed to perform an act of the office required by   the state constitution or a state statute, the court shall award the   person prevailing in the action challenging the officer for failure   to perform that act court costs and reasonable attorney's fees,   including expert witness fees, to be paid by the political   subdivision for which the officer served at the time of the failure   to perform the act.          (c)  If a court determines that a political subdivision has   failed to comply with the requirements of Chapter 212 of this Code,   the court shall award the person prevailing in the action court   costs and reasonable attorney's fees, including expert witness   fees, to be paid by the political subdivision.          (d)  If a court determines that a political subdivision has   failed to comply with the requirements of Chapter 232 of this Code,   the court shall award the person prevailing in the action court   costs and reasonable attorney's fees, including expert witness   fees, to be paid by the political subdivision.          (e)  This section applies only to an action commenced on or   after the effective date of this Act.          SECTION 2.  This Act takes effect September 1, 2025.