Sec. 8801.105. SUITS BY OR AGAINST THE DISTRICT; REPRESENTATION BY ATTORNEY GENERAL. (a) The district may sue and be sued in the courts of this state in the name of the district by and through the board.
(b) At the request of the district, the attorney general shall defend the district in suits brought against the district in all district and appellate courts of this state and in the courts of the United States.
(c) The district may engage outside attorneys to initiate or defend suits on behalf of the district.
(d) The general manager is the agent of the district on whom process, notice, or demand required or permitted by law to be served on the district may be served.
(e) The district is not required to give bond for appeal, injunction, or costs in any suit to which it is a party.
(f) If the district prevails in any suit other than a suit in which it voluntarily intervenes, the district may seek and the court shall grant, in the same action, recovery for attorney's fees, costs for expert witnesses, and other costs incurred by the district before the court. The court shall set the amount of the attorney's fees.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 7, eff. May 27, 2005.
Structure Texas Statutes
Special District Local Laws Code
Title 6 - Water and Wastewater
Subtitle H - Districts Governing Groundwater
Chapter 8801 - Harris-Galveston Subsidence District
Subchapter C. Powers and Duties
Section 8801.101. District Powers and Duties
Section 8801.102. Nonapplicability of Other Law
Section 8801.103. Sale or Distribution of Water Prohibited
Section 8801.104. Authority to Compel Testimony, Administer Oaths, and Issue Subpoenas
Section 8801.105. Suits by or Against the District; Representation by Attorney General
Section 8801.106. Grants; Contracts
Section 8801.107. Cooperation With Governmental Entities
Section 8801.110. Notice of Hearings
Section 8801.111. District Plan
Section 8801.112. Adoption of District Plan
Section 8801.113. Water Conservation Measures
Section 8801.114. District Research
Section 8801.115. Studies by Board Staff
Section 8801.116. Access to Property
Section 8801.117. Annual Groundwater Withdrawal Determination
Section 8801.118. Monitoring and Supervision by District
Section 8801.119. Regulation of Spacing and Groundwater Withdrawal
Section 8801.120. Water-Metering Devices