Texas Special District Local Laws Code 8801.105 – Suits by or Against the District; Representation by Attorney General
Current as of: 2024 | Check for updates
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(a) The district may sue and be sued in the courts of this state in the name of the district by and through the board.
(b) At the request of the district, the attorney general shall defend the district in suits brought against the district in all district and appellate courts of this state and in the courts of the United States.
Terms Used In Texas Special District Local Laws Code 8801.105
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) The district may engage outside attorneys to initiate or defend suits on behalf of the district.
(d) The general manager is the agent of the district on whom process, notice, or demand required or permitted by law to be served on the district may be served.
(e) The district is not required to give bond for appeal, injunction, or costs in any suit to which it is a party.
(f) If the district prevails in any suit other than a suit in which it voluntarily intervenes, the district may seek and the court shall grant, in the same action, recovery for attorney’s fees, costs for expert witnesses, and other costs incurred by the district before the court. The court shall set the amount of the attorney’s fees.