SB 862

85(R) - 2017
Senate Agriculture, Water, & Rural Affairs
Senate Agriculture, Water, & Rural Affairs
Civil Remedies
Groundwater Conservation Districts  
Special Districts

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral


Charles Perry

Bill Caption

Relating to the award of attorney's fees and other costs in certain proceedings involving a groundwater conservation district.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

Under current law, a suit involving a groundwater conservation district in which the district prevails, the court is required to grant the district recovery for attorney’s fees, costs for expert witnesses, and other costs upon request. SB 862 would extend this recovery option to whichever party prevails and would make the awarding of costs optional for the court. This bill would also strike language requiring amount of the attorney's fees to be fixed by the court and repeal the awarding of partial costs for a suit in which the district prevails on some, but not all, of the issues in the suit.

Vote Recommendation Notes

This bill supports the principle of limited government by equally applying provisions regarding legal cost recovery for the prevailing party in cases involving a groundwater conservation district. For this reason, we support SB 862.

Organizations Supporting

Lower Colorado River Authority
National Federation of Independent Business
Texas and Southwestern Cattle Raisers Association
Texas Association of Builders
Texas Association of Realtors
Texas Cattle Feeders Association
Texas Chemical Council
Texas Farm Bureau

Organizations Opposed

National Wildlife Federation
The Sierra Club