HBA-ALS C.S.H.B. 3385 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3385
By: Hilderbran
Land & Resource Management
4/25/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law,  a court or state agency is required to award reasonable
and necessary attorney's fees and court costs to a governmental entity that
prevails in a suit or contested case filed under this subchapter.  There is
a concern that this may discourage private landowners from seeking recourse
in cases of regulatory takings. 

C.S.H.B. 3385 amends the law to allow, rather than require, a court or
state agency to award reasonable and necessary attorney's fees and court
costs to a governmental entity that prevails in a suit or contested case
filed under Chapter 2007 (Governmental Action Affecting Private Property
Rights), Subchapter B (Action to Determine Taking). 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.   Amends Section 2007.026, Government Code, to authorize, rather
than require, a court or state agency to award reasonable and necessary
attorney's fees and court costs to a governmental entity that prevails in a
suit or contested case filed under this subchapter. 

SECTION 2.Makes application of this Act prospective.

SECTION 3.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute removes the deletion of Subsection (b) in SECTION 1 (Section
2007.026, Government Code) of the original, which requires a court or state
agency to award a governmental entity that prevails in a suit or contested
case filed under this subchapter (relating to governmental action affecting
private property) reasonable and necessary attorney's fees and court costs.
The substitute amends Section 2007.026(b) to authorize, rather than
require, a court or state agency to award reasonable and necessary
attorney's fees and court costs to a governmental entity that prevails in a
suit or contested case filed under this subchapter.