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| Canterbury, Elder, Gooch, Surratt, Shapiro & Stein, P.C. |
| Occidental Tower |
| 5005 LBJ Freeway, Suite 1000 |
| Dallas, Texas 75244 |
| Phone: (972) 239-7493 |
Facsimile: (972) 490-7739
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| Recovery of Attorneys' Fees Against Governmental Entities |
The Texas legislature recently repealed Section 271.159 of the Texas Local Government Code, which prohibited recovery of attorney's fees unless such recovery was specifically authorized by a written agreement. The legislature further amended Section 271.153 of the Code, to allow for the recovery of "reasonable and necessary attorney's fees that are equitable and just" against a governmental entity. Based on these actions by the legislature, a claimant may now recover its reasonable and necessary attorneys' fees incurred if it is the prevailing party against a local governmental entity. |
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