Texas Government Code 2252.904 – Attorney’s Fees
(a) In this section:
(1) “Governmental contract” means a contract awarded by a governmental entity for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials, or equipment.
(2) “Governmental entity” means:
(A) the state;
(B) a municipality, county, public school district, or special-purpose district or authority;
(C) a district, county, or justice of the peace court;
(D) a board, commission, department, office, or other agency in the executive branch of state government, including an institution of higher education as defined by § 61.003, Education Code;
(E) the legislature or a legislative agency; or
(F) the Supreme Court of Texas, the Texas Court of Criminal Appeals, a court of appeals, or the State Bar of Texas or another judicial agency having statewide jurisdiction.
(b) A governmental contract may not provide for the award of attorney’s fees to the governmental entity in a dispute in which the entity prevails unless the contract provides for the award of attorney’s fees to each other party to the contract if that party prevails in the dispute.
Terms Used In Texas Government Code 2252.904
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
(c) A contract provision that violates this section is void and unenforceable.