Attorney’s Fees and Legal Proceedings
The state of Texas may be held liable for attorney fees under certain judicial and administrative legal proceedings that involve suits brought against the state.
If the state loses a suit, in some cases the state can be held liable for paying the prevailing party’s reasonable legal expenses. There are special rules set forth for each of the following types of suits:
- Lawsuits involving small businesses
- Proceedings under the Uniform Declaratory Judgments Act (UDJA)
- Frivolous causes of action
- Discrimination suits based on race, religion, color, sex or national origin
- Civil and criminal prosecutions of public servants
- Proceeding under the Private Real Property Rights Preservation Act
- Prompt Payment Law
For more information, see the Texas Government Code and the Texas Civil Practice and Remedies Code and other related sources.
Texas Government Code, Sections 311.005(2), 2006.012,2006.013, 2006.014(a), 2006.015(a), 2007.001, 2007.022(a), 2007.025(b), 2007.026(a), 2251.043; Texas Civil Practice and Remedies Code, Sections 37.002(a), 37.009, 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, 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; 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).
Attorney’s Fees Order by SOAH
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.
Texas attorney general opinion 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.
Documentation Requirements [+]
COBJ 7258 must be used to describe all payments to outside legal counsel.
Texas attorney general opinion JC-495 (2002).