Bill: SB 635, 85(R) - 2017

Relating to the award of court costs and attorney’s fees in certain actions challenging an order, ordinance, or similar measure of a political subdivision or the failure of an officer of a political subdivision to perform certain actions.

No significant fiscal implication to the State is anticipated.

SB 635 would allow an individual who challenged a local entity’s policy, on the grounds of preemption by the state government, to be compensated for their court costs and attorney’s fees if they prevail in their action. It would also apply to officers of local entities who fail to perform an act, as required either by the state constitution or state statute. If an individual prevails, and the court finds that an officer did not fulfill their duty then the individual who brought the action shall be awarded compensation for court costs and attorney’s fees.   

Texas Action supports the provisions in this bill which increase an individual's access to judicial remedies by removing the liabilities associated with pursuing a case in court if the individual prevails. This reform would bring balance and accountability to both sides in a judicial system which currently favors heavily-funded government entities. SB 635 upholds our principles of limited government, individual liberty, and personal responsibility, so for these reasons, we support this legislation.