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Expenditures Related to Legal Proceedings
Attorney’s Fees and Legal Proceedings

The state may be held liable for attorney fees under certain judicial and administrative legal proceedings that involve suits brought against the State.

There are special rules set forth for each of the following types of suits. In some cases if the state loses a suit, the state is held liable for paying the prevailing party’s reasonable legal expenses. Refer to the Texas Government Code and the Texas Civil Practice and Remedies Code and other related sources to identify the applicability in making payment under the following proceedings.

  1. Lawsuits involving small businesses
  2. Proceedings under the Uniform Declaratory Judgments Act (UDJA)
  3. Frivolous causes of action
  4. Discrimination suits based on race, religion, color, sex or national origin
  5. Civil and criminal prosecutions of public servants
  6. Proceeding under the Private Real Property Rights Preservation Act
  7. Prompt Payment Law

Sources [+]

Texas Government Code Sections 2006.012,2006.013, 2006.014(a), and 2006.015(a), 2007.001, 2007.022(a), 2007.025(b), 2007.026(a), Texas Civil Practice and Remedies Code Sections 104.001, 104.002, 104.003, 104.0035(a)(c)(e), 105.002, 105.004, 106.001(a), 106.002, 109.001–109.007, 110.002, 110.003(a)–(b), 110.004, and 110.005(a)(4), Texas Health and Safety Code Section 361.036, Private Real Property Rights Preservation Act, Texas Code Construction Act, Uniform Declaratory Judgments Act, Texas Civil Practice and Remedies Code Section 37.002(a), 37.009; see, e.g., John G. & Marie Stella Kenedy Mem. Found. v. Dewhurst, 90 S.W.3d 268, 289 (Tex. 2002); Texas Educ. Agency v. Leeper, 893 S.W.2d 432, 446 (Tex. 1994); Texas State Bd. of Plumbing Examiners v. Associated Plumbing-Heating-Cooling Contractors of Texas, Inc., 31 S.W.3d 750, 753 (Tex. App.—Austin 2000, pet. dism’d by agr.); Brush v. Reata Oil and Gas Corp., 984 S.W.2d 720, 730 (Tex. App.—Waco 1998, pet. denied); Southwest Guaranty Trust Company v. Hardy Road 13.4 Joint Venture, 981 S.W.2d 951, 956–7 (Tex. App.—Houston [1st Dist.] 1998, pet. denied); McRae Exploration & Prod. v. Reserve Petroleum Co., 962 S.W.2d 676, 684 (Tex. App.—Waco 1998, pet. denied); Ely v. Briley, 959 S.W.2d 723, 727 (Tex. App.—Austin 1998, no writ); Bexar County Appraisal Review Board v. First Baptist Church, 846 S.W.2d 554, 561 (Tex. App.—San Antonio 1993, writ denied), cert. denied, 114 S.Ct. 1221 (1994); Barfield v. Holland, 844 S.W.2d 759, 771 (Tex. App.—Tyler 1992, writ denied). Texas Government Code Section 2251.043 and 311.005(2).

Attorney’s fees ordered by the State Office of Administrative Hearings

The State Office of Administrative Hearings (SOAH) may order a state agency to pay the attorney’s fees incurred by an opposing party only if SOAH has express statutory authority to do so. SOAH is not a “court” under any statute or rule of civil procedure that authorizes a court to order a state agency to pay the attorney’s fees incurred by an opposing party.

Source [+]

Opinion of the Texas Attorney General No. JC-495 (2002).

Administrative Procedure Act

The Administrative Procedure Act (APA) does not authorize the awarding of attorney’s fees to a party in a contested case governed by the APA.

Source [+]

Opinion of the Texas Attorney General No. JC-495 (2002).

Documentation Requirements [+]

  • COBJ 7258 must be used to describe all payments to outside legal counsel.