Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 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: (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 Section 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.(c) A contract provision that violates this section is void and unenforceable.Tex. Gov't. Code § 2252.904
Added by Acts 2007, 80th Leg., R.S., Ch. 466, Sec. 1, eff. 9/1/2007.