Texas § CP.30.024 - FEE SHIFTING

§ CP.30.024. FEE SHIFTING

FEE SHIFTING. (a) Notwithstanding any other law, a person, including an entity, attorney, or law firm, who seeks declaratory or injunctive relief to prevent this state, a political subdivision of this state, a governmental entity, a public official, or any other person in this state from bringing an action to enforce a statute, ordinance, rule, regulation, or other law that regulates access to certain spaces based on an individual's sex in any state or federal court, or who represents a litigant seeking such relief in any state or federal court, is jointly and severally liable to pay the costs and reasonable attorney's fees of the prevailing party, including the costs and reasonable attorney's fees the prevailing party incurs in the party's efforts to recover costs and fees. (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. (c) A prevailing party may recover costs and reasonable attorney's fees under this section only to the extent those costs and attorney's fees were incurred while defending claims or causes of action on which the party prevailed. Added by Acts 2025, 89th Leg., 2nd C.S., Ch. 20 (S.B. 8 ), Sec. 3, eff. December 4, 2025.