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A BILL TO BE ENTITLED
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AN ACT
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relating to civil actions related to groundwater conservation |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.066, Water Code, is amended by |
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amending Subsections (a), (g), and (h) and adding Subsection (g-1) |
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to read as follows: |
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(a) A district may sue and be sued in the courts of this |
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state in the name of the district by and through its board. A |
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district board member is immune from personal [suit and immune |
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from] liability for official votes and official actions. To the |
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extent an official vote or official action conforms to laws |
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relating to conflicts of interest, abuse of office, or |
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constitutional obligations, this subsection provides immunity for |
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those actions. All courts shall take judicial notice of the |
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creation of the district and of its boundaries. |
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(g) If the trial court finds by clear and convincing |
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evidence that an administrative proceeding brought against a |
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district and appealed to the court or a suit brought against a |
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district was groundless and brought in bad faith [district prevails |
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in any suit other than a suit in which it voluntarily intervenes], |
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the district may seek and the court shall grant, in the interests of |
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justice and as provided by Subsection (h), in the same action, |
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recovery for reasonable and necessary attorney's fees, costs for |
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expert witnesses and depositions, and other costs incurred by the |
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district in the proceeding or suit [before the court]. |
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(g-1) If the trial court finds by clear and convincing |
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evidence that a district has intentionally violated the statutory |
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or constitutional rights of a groundwater rights owner, the rights |
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owner may seek and the court shall grant, in the interests of |
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justice and as provided by Subsection (h), in the same action, |
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recovery for reasonable and necessary attorney's fees, costs for |
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expert witnesses and depositions, and other costs incurred by the |
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rights owner in: |
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(1) an administrative proceeding appealed to the court |
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and arising from the rights violation; and |
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(2) a suit arising from the rights violation. [The |
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amount of the attorney's fees shall be fixed by the court.] |
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(h) The court shall determine the amount of attorney's fees |
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awarded under this section. If the district or groundwater rights |
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owner prevails on some, but not all, of the issues in the proceeding |
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or suit, the court shall award attorney's fees and costs under this |
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section only for those issues on which the district or rights owner |
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prevails. The district or rights owner, as applicable, has the |
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burden of segregating the attorney's fees and costs in order for the |
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court to make an award. |
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SECTION 2. Section 36.066, Water Code, as amended by this |
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Act, applies only to an action filed on or after the effective date |
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of this Act. An action filed before the effective date of this Act |
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is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |