Today only the district can recover. Now whoever wins.
The bill changes who can win attorney's fees in lawsuits involving a groundwater conservation district. Today, only the district can recover its legal fees when it wins; under this bill, whichever side wins (a landowner, a well owner or the district) can recover fees, expert costs and other court costs, except in suits the district voluntarily joins. It applies only to suits filed on or after September 1, 2025, so people who sue a district and win can get their legal bills paid, and the district takes on that risk when it loses.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 2119 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 2119 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Nov 12, 2024 and referred to the House Natural Resources committee. No public hearing. The bill died.
relating to the award of attorney's fees in certain suits involving
a groundwater conservation district.
WHAT IT DOES
Today only the district can recover. Now whoever wins.
The bill changes who can win attorney's fees in lawsuits involving a groundwater conservation district. Today, only the district can recover its legal fees when it wins; under this bill, whichever side wins (a landowner, a well owner or the district) can recover fees, expert costs and other court costs, except in suits the district voluntarily joins. It applies only to suits filed on or after September 1, 2025, so people who sue a district and win can get their legal bills paid, and the district takes on that risk when it loses.
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Natural Resources · Final status: Died in committee
Subjects
Civil Remedies & Liabilities
Special Districts & Authorities--Groundwater Conserve Dist.
ATTORNEY'S FEES
Text
The text as introduced · 299 words
89R1072 LRM-D
By: Dorazio
H.B. No. 1050
A BILL TO BE ENTITLED
AN ACT
relating to the award of attorney's fees in certain suits involving
a groundwater conservation district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 36.066(g) and (h), Water Code, are
amended to read as follows:
(g) Except for [ If the district prevails in any suit other
than ] a suit in which a district [ it ] voluntarily intervenes, the
prevailing party in a suit governed by this section [ district ] may
seek and the court shall grant, in the interests of justice and as
provided by Subsection (h), in the same action, recovery for
attorney's fees, costs for expert witnesses, and other costs
incurred by the prevailing party [ district ] before the court. The
amount of the attorney's fees shall be fixed by the court.
(h) The court shall award to a prevailing party that [ If the
district ] prevails on some, but not all, of the issues in the suit
[ , the court shall award ] attorney's fees and costs only for those
issues on which the party [ district ] prevails. The prevailing
party [ district ] has the burden of segregating the attorney's fees
and costs in order for the court to make an award.
SECTION 2. Section 36.066, Water Code, as amended by this
Act, applies only to a suit involving a groundwater conservation
district that is filed on or after the effective date of this Act. A
suit filed before the effective date of this Act is subject to the
law in effect on the date the suit is filed, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.