Texas Civil Practice and Remedies Code 30.022 – Award of Attorney’s Fees in Actions Challenging Abortion Laws
(a) Notwithstanding any other law, any person, including an entity, attorney, or law firm, who seeks declaratory or injunctive relief to prevent this state, a political subdivision, any governmental entity or public official in this state, or any person in this state from enforcing any statute, ordinance, rule, regulation, or any other type of law that regulates or restricts abortion or that limits taxpayer funding for individuals or entities that perform or promote abortions, in any state or federal court, or that represents any litigant seeking such relief in any state or federal court, is jointly and severally liable to pay the costs and attorney’s fees of the prevailing party.
(b) For purposes of this section, a party is considered a prevailing party if a state or federal court:
(1) dismisses any claim or cause of action brought against the party that seeks the declaratory or injunctive relief described by Subsection (a), regardless of the reason for the dismissal; or
(2) enters judgment in the party’s favor on any such claim or cause of action.
Terms Used In Texas Civil Practice and Remedies Code 30.022
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Statute: A law passed by a legislature.
(c) Regardless of whether a prevailing party sought to recover costs or attorney’s fees in the underlying action, a prevailing party under this section may bring a civil action to recover costs and attorney’s fees against a person, including an entity, attorney, or law firm, that sought declaratory or injunctive relief described by Subsection (a) not later than the third anniversary of the date on which, as applicable:
(1) the dismissal or judgment described by Subsection (b) becomes final on the conclusion of appellate review; or
(2) the time for seeking appellate review expires.
(d) It is not a defense to an action brought under Subsection (c) that:
(1) a prevailing party under this section failed to seek recovery of costs or attorney’s fees in the underlying action;
(2) the court in the underlying action declined to recognize or enforce the requirements of this section; or
(3) the court in the underlying action held that any provisions of this section are invalid, unconstitutional, or preempted by federal law, notwithstanding the doctrines of issue or claim preclusion.