Camarena v. Texas Emp. Comm'n, 754 S.W.2d 149 (Tex. 1988). · Go Syfert
Camarena v. Texas Emp. Comm'n, 754 S.W.2d 149 (Tex. 1988). Cases Citing This Book View Copy Cite
560 citation events (440 in the last 25 years) across 7 distinct courts.
Strongest positive: Ken Paxton, in His Official Capacity as Texas Attorney General v. Powered by People (texapp, 2025-10-14)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Ken Paxton, in His Official Capacity as Texas Attorney General v. Powered by People
Tex. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
due to the existence of the 'live' issue of attorney's fees and costs, we hold that the suit was not moot.
discussed Cited as authority (verbatim quote) in Re Allstate Fire and Casualty Insurance Company (2×) also: Cited "see"
Tex. App. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
district courts, under our constitution, do not give advice or decide cases upon speculative, hypothetical or contingent situations.
examined Cited as authority (verbatim quote) In re DePinho (2×)
Tex. · 2016 · quote attribution · 2 verbatim quotes · confidence high
district courts, under our constitution, do not give advice or decide cases upon speculative, hypothetical,j or contingent situations.
discussed Cited as authority (verbatim quote) texapp 2015
Tex. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is fundamental that a court has no jurisdiction to render an advisory opinion on a controversy that is not yet ripe.
discussed Cited as authority (verbatim quote) in Re Michael Munk, Relator
Tex. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
ppellate courts do not decide cases in which no controversy exists between the parties.
discussed Cited as authority (verbatim quote) texapp 2010
Tex. App. · 2010 · quote attribution · 1 verbatim quote · confidence high
the 'live' issue in controversy is whether or not the have a legally cognizable interest in recovering their attorney's fees and costs.
discussed Cited as authority (verbatim quote) texapp 2010
Tex. App. · 2010 · quote attribution · 1 verbatim quote · confidence high
the 'live' issue in controversy is whether or not the have a legally cognizable interest in recovering their attorney's fees and costs.
discussed Cited as authority (verbatim quote) AVE, Inc. and John Coil v. Comal County, Texas (2×) also: Cited "see"
Tex. App. · 2008 · quote attribution · 1 verbatim quote · confidence high
the 'live' issue in controversy is whether or not the farm workers have a legally cognizable interest in recovering their attorney's fees and costs.
discussed Cited as authority (verbatim quote) AVE, Inc. and John Coil v. Comal County, Texas (2×) also: Cited as authority (rule)
Tex. App. · 2008 · quote attribution · 1 verbatim quote · confidence high
the 'live' issue in controversy is whether or not the farm workers have a legally cognizable interest in recovering their attorney's fees and costs.
discussed Cited as authority (verbatim quote) SSP Partners v. Gladstrong Investments (USA) Corp. (2×) also: Cited "see"
Tex. App. · 2005 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is fundamental that a court has no jurisdiction to render an advisory opinion on a controversy that is not yet ripe.
discussed Cited as authority (verbatim quote) Hudiburg Chevrolet, Inc. v. General Motors Corp.
Tex. App. · 2003 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is fundamental that a court has no jurisdiction to render an advisory opinion on a controversy that is not yet ripe.
cited Cited as authority (rule) Laura McClelland v. Mike Morath, Commissioner of Education in His Official Capacity; And Weatherford Independent School District
Tex. App. · 2025 · confidence medium
Comm’n, 754 S.W.2d 149, 151 (Tex. 1988).
cited Cited as authority (rule) City of Kyle, Texas v. the State of Texas, Ex Rel. 1200 S. Old Stagecoach Road, LLC
Tex. App. · 2025 · confidence medium
Id. (citing Camarena v. Texas Emp’t Comm’n, 754 S.W.2d 149, 151 (Tex. 1988); Allstate Ins.
cited Cited as authority (rule) Leslie Kay Robnett v. Kevin Mart Robnett
Tex. App. · 2025 · confidence medium
Comm’n, 754 S.W.2d 149, 151 (Tex. 1988).
discussed Cited as authority (rule) Town of Northlake, Texas, and Mayor Brian Montini v. George Roland
Tex. App. · 2025 · confidence medium
Comm’n, 754 S.W.2d 149, 151 (Tex. 1988)) (stating that the “mootness doctrine limits courts to deciding cases in which an actual controversy exists”); see also Williams, 52 S.W.3d at 184 (stating that a controversy “must exist between the parties at every stage of the legal proceedings, including the appeal”).
cited Cited as authority (rule) Sugarloaf Alliance v. Frederick Cnty.
Md. Ct. Spec. App. · 2025 · confidence medium
Comm’n, 754 S.W.2d 149, 151 (Tex. 1988))).
cited Cited as authority (rule) Alice Jones McDaniel, Independent of the Estate of Jan Lynn Jones v. Crowley Independent School District; And Omni Financial Group, Inc., D/B/A U.S. Omni
Tex. App. · 2025 · confidence medium
Comm’n, 754 S.W.2d 149, 151 (Tex. 1988); Cyphers, 2024 WL 3819315 , at *4; Ward v. Lamar Univ., 19 484 S.W.3d 440, 451 (Tex. App.—Houston [14th Dist.] 2016, no pet.).
discussed Cited as authority (rule) Francisco Gonzalez, Marianne Gonzalez, Roni Henderson, the First Amended Phillips Family Trust, Eric Sorenson, Jami Sorenson, David Smelser v. Charles (Chuck) Zubarik
Tex. App. · 2024 · confidence medium
Comm’n., 754 S.W.2d 149, 151 (Tex. 1988) (even though the injunction was rendered moot, attorney’s fee issue was an integral part of the claim and breathed life into the appeal).
cited Cited as authority (rule) Diogu Kalu Diogu II v. David Melanson
Tex. App. · 2024 · confidence medium
Comm’n., 754 S.W.2d 149, 151 (Tex. 1988).
discussed Cited as authority (rule) Fuel 2 Go, LLC, and D&R USA Enterprises, Inc. v. Mesa Fortune, Inc., D/B/A Mesa Food Mart Inc. & SCF RC Funding IV LLC
Tex. App. · 2023 · confidence medium
“Moreover, appellate courts are prohibited from deciding moot controversies.” S&B Hot Mess Enters., LLC v. City of Dall., No. 05-20-00502-CV, 2020 WL 3989499 , at *1 (Tex. App.—Dallas July 15, 2020, no pet.) (mem. op.) (citing Camarena v. Tex. Employment Comm’n, 754 S.W.2d 149, 151 (Tex. 1988)).
cited Cited as authority (rule) City of Rusk, Texas v. 260 Office Park, Inc., Jan Evan Pate and B-D-J's Properties, Inc.
Tex. App. · 2023 · confidence medium
Camarena v. Tex. Employment Comm’n, 754 S.W.2d 149, 151 (Tex. 1988).
discussed Cited as authority (rule) Hicks Airfield Pilots Association v. Hicks Asset Partners, LLC
Tex. App. · 2023 · confidence medium
Comm’n, 754 S.W.2d 149, 151 (Tex. 1988)). 13 The CCRs provide that the Association “may levy” a special assessment to defray the costs of a capital improvement if it first obtains a two-thirds vote of the ownership approving that assessment.
cited Cited as authority (rule) Texas Disposal System, Inc. v. City of Round Rock, Texas and Laurie Hadley, in Her Official Capacity of City Manager of Round Rock, Texas
Tex. App. · 2023 · confidence medium
Comm’n, 754 S.W.2d 149, 151 (Tex. 1988)).
discussed Cited as authority (rule) Kimberly Levy Costanzo, for the Estates of Joy Levy and Scott Levy v. Texas Advantage Community Bank N.A.
Tex. App. · 2022 · confidence medium
P. 65 (an amended pleading supersedes an earlier pleading); Camarena v. Tex. Employment Comm’n, 754 S.W.2d 149, 151 (Tex. 1988) (a claim is moot where the issues presented are no longer live or the parties do not have a legally cognizable interest in the outcome) (citing Murphy v. Hunt, 455 U.S. 478, 481 (1982)).
discussed Cited as authority (rule) Casto Lopez Concrete, LLC, Venancio Lopez, Individually, and Casto Lopez, Individually v. Sage Commercial Group, LLC
Tex. App. · 2022 · confidence medium
Camarena v. Tex. Emp’t Comm’n, 754 S.W.2d 149, 151 (Tex. 1988) (concluding that when the claimants prevailed in the trial court before their underlying claims became moot, their claim for attorney’s fees as prevailing parties remained live even though the underlying claims were moot); see also Allstate Ins.
discussed Cited as authority (rule) Kenneth L. Berry v. Bay, Ltd.
Tex. App. · 2022 · confidence medium
Comm’n, 754 S.W.2d 149, 151 (Tex. 1988) (holding a case is moot “when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome” (quoting Murphy v. Hunt, 455 U.S. 478, 481 (1982) (per curiam))).
cited Cited as authority (rule) City of Dallas v. Reggie Ruffin
Tex. App. · 2021 · confidence medium
Comm’n, 754 S.W.2d 149, 151 (Tex. 1988).
discussed Cited as authority (rule) Don Zimmerman v. City of Austin And Spencer Cronk, in His Official Capacity as City Manager of the City of Austin
Tex. App. · 2021 · confidence medium
In part, the doctrine emanates from the Constitutional prohibition against issuing advisory opinions, but it also rests in part on considerations of pragmatism and prudence, as it conserves judicial resources “for real and current controversies, rather than abstract, hypothetical, or remote disputes.” Id., see also Camarena v. Texas Employment Comm’n, 754 S.W.2d 149, 151 (Tex. 1988) (the prohibition against issuing advisory opinions extends to cases that are not yet ripe for review).
cited Cited as authority (rule) Kilgore ISD v. Sheila Anderson
Tex. App. · 2020 · confidence medium
Young v. Young, 168 S.W.3d 276, 287 (Tex. App.—Dallas 2005, no pet.) (citing Camarena v. Tex. Emp’t Comm’n, 754 S.W.2d 149, 151 (Tex. 1988)).
cited Cited as authority (rule) City of Terrell, Texas, and Mike Sims, Interim City Manager of the City of Terrell, in His Official Capacity v. Frederick George Edmonds
Tex. App. · 2020 · confidence medium
Camarena v. Tex. Employment Comm’n, 754 S.W.2d 149, 151 (Tex. 1988) (citing City of Garland v. Louton, 691 S.W.2d 603 (Tex. 1985)).
discussed Cited as authority (rule) University of Texas at Austin// S. O. v. S. O.// University of Texas at Austin/. (2×)
Tex. App. · 2020 · confidence medium
They continue their argument by relying on two more decisions from the Supreme Court of Texas: Texas courts “do not give advice or decide cases upon speculative, hypothetical or contingent situations.” Camarena v. Texas Employment Comm’n, 754 S.W.2d 149, 151 (Tex. 1988).
discussed Cited as authority (rule) John Goin v. Hope Crump
Tex. App. · 2020 · confidence medium
Dist. v. Gibson, 22 S.W.3d 849 , 850–52 (Tex. 2000) (noting that ripeness is a component of subject-matter jurisdiction that “focuses on whether the case involves uncertain or contingent future events that may not occur as anticipated or may not occur at all” (citation and internal quotation marks omitted)); Camarena v. Tex. Emp’t Comm’n, 754 S.W.2d 149, 151 (Tex. 1988) (“It is fundamental that a court has no 16 Moreover, Goin’s motion to modify could have been, but was not, filed before July 18, 2015, the date that the district court’s plenary power over the turnover order exp…
cited Cited as authority (rule) City of Waco v. Citizens to Save Lake Waco
Tex. App. · 2019 · confidence medium
Camarena v. Tex. Emp't Comm'n, 754 S.W.2d 149, 151 (Tex. 1988).
discussed Cited as authority (rule) in the Interest of J.H.C. and I.K.C., Children
Tex. App. · 2019 · confidence medium
“Generally, a case is determined to be moot ‘when the issues presented are no longer “live” or the parties lack a legally cognizable interest in the outcome.’” Camarena v. Tex. Emp’t Comm’n, 754 S.W.2d 149, 151 (Tex. 1988) (quoting Murphy v. Hunt, 455 U.S. 478, 481 (1983) (per curiam)); see also Albert Lee Giddens, APLC v. Cuevas, No. 14-16-00772-CV, 2017 WL 4159263 , at *5 (Tex. App.—Houston [14th Dist.] Sept. 19, 2017, no pet.) (mem. op.).
examined Cited as authority (rule) State v. Paul Reed Harper (4×) also: Cited "see"
Tex. · 2018 · confidence medium
Camarena v. Tex. Emp’t Comm’n, 754 S.W.2d 149, 151 (Tex. 1988) (concluding that when the claimants prevailed in the trial court before their underlying claims became moot, their claim for attorney’s fees as prevailing parties remained live even though the underlying claims were moot); see also Allstate Ins.
cited Cited as authority (rule) James M. Bass, in His Official Capacity as the Executive Director of the Texas Department of Transportation and the Texas Department of Transportation v. Whalen's Furniture, Inc.
Tex. App. · 2018 · confidence medium
Camarena v. Tex. Employment Comm’n, 754 S.W.2d 149, 151 (Tex. 1988). 9.
discussed Cited as authority (rule) Jessica Growden, Individually and on Behalf of All Others Similarly Situated v. Good Shepherd Health System, the Good Shepherd Hospital, Inc., and Good Shepherd Medical Center (2×) also: Cited "see"
Tex. App. · 2018 · confidence medium
Camarena v. Tex. Employment Comm’n, 754 S.W.2d 149, 151 (Tex. 1988); see Hallman, 159 S.W.3d at 642 .
discussed Cited as authority (rule) City of New Braunfels, Texas And YC Partners Ltd., D/B/A Yantis Company v. Carowest Land, Ltd.
Tex. App. · 2018 · confidence medium
Co. v. Hallman, 159 S.W.3d 640, 643 (Tex. 2005); Camarena v. Tex. Emp’t Comm’n, 754 S.W.2d 149, 150 (Tex. 1988); see also Zurita v. SVH-1 Partners, Ltd., No. 03-10-00650-CV, 2011 WL 6118573 , at *8 (Tex. App.— Austin Dec. 8, 2011, pet. denied) (mem. op.) (affirming trial court’s award of attorneys’ fees where declaratory judgment claims were dismissed as moot and noting that the UDJA “does not require a judgment on the merits of the dispute as a prerequisite to a fee award”). 39 In Hallman, landowners sued Hallman for property damages resulting from Hallman’s nearby mining acti…
cited Cited as authority (rule) in Re Scott Rhodes and Tim Whitten
Tex. App. · 2018 · confidence medium
City of Garland v. Louton, 691 S.W.2d 603 (Tex. 1985); Camarena v. Tex. Emp't Comm'n, 754 S.W.2d 149, 151 (Tex. 1988).
cited Cited as authority (rule) MVS International Corporation and Manuel Saturno v. International Advertising Solutions, LLC, Next Level Firm, LLC, Rene Rascon
Tex. App. · 2017 · confidence medium
Comm’n., 754 S.W.2d 149, 151 (Tex. 1988).
discussed Cited as authority (rule) Northwest Independent School District v. Carroll Independent School District
Tex. App. · 2016 · signal: cf. · confidence medium
Cf. Camarena v. Tex. Emp’t Comm’n, 754 S.W.2d 149, 151 (Tex. 1988) (holding suit to declare statute unconstitutional not ripe because state officials had not acted on the statute); Scarbrough v. Metro.
discussed Cited as authority (rule) Estate of Matthews (2×) also: Cited "see"
Tex. App. · 2016 · confidence medium
See Williams v. Lara, 52 S.W.3d 171, 184 (Tex.2001); Camarena v. Tex. Emp’t Comm’n, 754 S.W.2d 149, 151 (Tex.1988) (remaining dispute on attorney’s fees was a legally cognizable interest and a live controversy).
discussed Cited as authority (rule) A. I. Divestitures, Inc.// the Texas Commission on Environmental Quality And Richard Hyde, in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality v. the Texas Commission on Environmental Quality And Richard Hyde, in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality// A. I. Divestitures, Inc.
Tex. App. · 2016 · confidence medium
See Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001) (case becomes moot when controversy ceases to exist because issues presented are no longer “live” or parties lack legally cognizable interest in 8 outcome); Camarena v. Texas Emp’t Comm’n, 754 S.W.2d 149, 151 (Tex. 1988) (case is moot if there are no live controversies between parties and any decision rendered by court would be advisory opinion).
discussed Cited as authority (rule) Ward v. Lamar University
Tex. App. · 2016 · confidence medium
Co. v. Hallman, 159 S.W.3d 640, 642 (Tex.2005) (citing Camarena v. Tex. Emp’t Comm’n, 754 S.W.2d 149, 151 (Tex.1988)); Hansen v. JP Morgan Chase Bank, N.A., 346 S.W.3d 769, 773-75 (Tex. App) — Dallas 2011, no pet.) (“[A] case under the Declaratory Judgments Act remains a live controversy, even if all requests for substantive declaratory relief become moot during the action’s pendency, as long as a claim for attorneys’ fees under the Act remains pending.”); Labrado v. County of El Paso, 132 S.W.3d 581, 589-591 (Tex.App.—El Paso 2004, no pet.); cf. Devon Energy Prod.
examined Cited as authority (rule) Melissa Gates v. Texas Department of Family and Protective Services and Commissioner Henry Whitman, Jr. (3×) also: Cited "see"
Tex. App. · 2015 · confidence medium
Co. v. Hallman, 159 S.W.3d. 640, 642 (Tex.2005) …………………………..………15 Bland Independent School Dist. v. Blue, 34 S.W.3d 547, 554 (Tex.2000) ……………………………......…7, 8 Blum v. Lanier, 997 S.W.2d 259, 264 (Tex.1999) ……………………………..…….28 Bonham State Bank v. Beadle, 907 S.W.2d 465, 467 (Tex.1995) ……………………..…………….15 Camarena v. Texas Employment Commission, 754 S.W.2d 149, 151 (Tex.1988) ……………………………....17, 18 City of El Paso v. Abbott, 444 S.W.3d 315 (Tex.App.–Austin 2014, pet. denied…
discussed Cited as authority (rule) John Doe v. Board of Directors of the State Bar of Texas Commission for Lawyer Discipline And Linda Acevedo, in Her Official Capacity as the Chief Disciplinary Counsel of the State Bar of Texas (2×) also: Cited "see"
Tex. App. · 2015 · confidence medium
The UIL maintains that the Students did not 754 S.W.2d 149, 151 (Tex.1988); Texas Educ.
discussed Cited as authority (rule) in the Guardianship of Lonnie Phillips, Jr., an Incapacitated Person (2×) also: Cited "see, e.g."
Tex. App. · 2015 · confidence medium
Camarena v. Tex. Employment Comm'n, Robinson appeals only the dismissal of his request for a 754 S.W.2d 149, 151 (Tex.1988); Scurlock Permian Corp. declaration that his constitutional rights were violated by v. Brazos County, 869 S.W.2d 478, 487 (Tex.App.-Houston AISD and his request for injunctive relief ordering AISD to expunge his employee file.
Roberto CAMARENA, Et Al., Petitioners,
v.
TEXAS EMPLOYMENT COMMISSION, Et Al., Respondents
C-5483.
Texas Supreme Court.
Jul 6, 1988.
754 S.W.2d 149
James C. Harrington, (Civil Liberties Union), Hector Uribe, (State Senator), Austin, Juan J. Hinojosa, McAllen, for petitioners., Jim Mattox, Atty. Gen., Joseph W. Bar-bish, Jr., Asst. Atty. Gen., Austin, for respondents.
Wallace.
Cited by 397 opinions  |  Published
WALLACE, Justice.

Roberto Camarena and other Texas farm workers appeal from the dismissal of their suit challenging the constitutionality of the Texas Unemployment Compensation Act [TUCA], TEX.REV.CIV.STAT.ANN. art. 5221b-l to 24 (Vernon 1987 & Supp.1988), the denial of attorney’s fees and the assessment of costs. 710 S.W.2d 665. In this suit the issues presented are threefold: (1) whether the farm workers’ suit is moot due to the Legislature’s subsequent amendment of the challenged statute, (2) whether the doctrine of sovereign immunity bars the farm workers from recovery of attorney’s fees, and (3) whether costs have been properly assessed. We hold that the suit was not moot, that sovereign immunity does not preclude an award of attorney’s fees and that all costs be assessed against the State.

In 1984, farm workers sued the Texas Employment Commission (TEC) seeking to have the agricultural exemption of TUCA declared unconstitutional. The exemption denied unemployment benefits to most agricultural workers. The original suit was severed for trial into two suits: one suit on the claims of individual farm workers; and another suit on behalf of the class. This suit was defended under the provisions of Ch. 104 of the TEX.CIV. PRAC. & REM.CODE (Vernon 1986 & Supp.1988) by the Attorney General.

In January 1985, the trial court granted declaratory relief in the individuals’ suit. The court held that the exemption was an unconstitutional violation of the Texas Equal Rights Amendment, TEX. CONST, art. I, § 3a. The court further enjoined officials from enforcing the exemption. The trial court determined the amount of reasonable and necessary attorney’s fees incurred by the farm workers, but found the award of such fees to be barred by sovereign immunity.

In May 1985, the Texas Legislature amended TUCA. The amendment provided farm workers with phased-in unemployment coverage. Subsequent to the Legislature’s amendment, the trial court modified its judgment and held that the new legislation was constitutional. The court enjoined officials from enforcing anything less than the newly enacted law. In July 1985, the trial court rendered a similar judgment on behalf of the class.

TEC appealed the trial court’s ruling, complaining that the judgment was moot. TEC did not contest the trial court’s ruling as to the constitutionality of the statute. By way of cross-point, the farm workers asserted trial court error in failing to award attorney’s fees. The court of appeals held the trial court’s judgment granting declaratory and injunctive relief to be moot, held that attorney’s fees were barred[*151] by sovereign immunity and additionally assessed the costs of appeal equally between TEC and the farm workers. From this judgment, the farm workers appeal.

In reference to the issue of mootness, it is axiomatic that appellate courts do not decide cases in which no controversy exists between the parties. City of West University Place v. Martin, 132 Tex. 354, 123 S.W.2d 638 (1939); Texas Parks & Wildlife Dept. v. Texas Assoc. of Bass Clubs, 622 S.W.2d 594 (Tex.App.—Austin 1981, writ ref’d n.r.e.). Generally, a case is determined to be moot “when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome.” Murphy v. Hunt, 455 U.S. 478, 102 S.Ct. 1181, 71 L.Ed. 353 (1982), citing United States Parole Comm’n v. Geraghty, 445 U.S. 388, 100 S.Ct. 1202, 63 L.Ed.2d 479 (1980), quoting Powell v. McCormack, 395 U.S. 486, 89 S.Ct. 1944, 23 L.Ed.2d 491 (1969).

Clearly, a controversy exists between the farm workers and TEC. The “live” issue in controversy is whether or not the farm workers have a legally cognizable interest in recovering their attorney’s fees and costs. The fact that the Legislature wisely undertook action to bring the farm workers within the scope of TUCA does not moot or void the workers’ interest in obtaining attorneys fees and costs for the successful disposition of their claim. Contrary to the court of appeals’ suggestion, the attorney’s fees issue need not be severed in order to be considered; it is an integral part of the farm workers’ claim and as such breathes life into the appeal. Due to the existence of the “live” issue of attorney’s fees and costs, we hold that the suit was not moot.

In addition to the declaratory relief granted, the district court granted injunc-tive relief which enjoined TEC from any future action denying, prejudicing, or detrimentally affecting the benefits and protections afforded the farm workers under House Bill 32. The court of appeals held that the injunction was moot.

It is fundamental that a court has no jurisdiction to render an advisory opinion on a controversy that is not yet ripe. City of Garland v. Louton, 691 S.W.2d 603 (Tex.1985), citing California Products, Inc. v. Puretex Lemon Juice, Inc., 160 Tex. 586, 334 S.W.2d 780 (1960). At the time of judgment, TEC had not attempted to deny, prejudge or detrimentally affect the benefits conferred by House Bill 32. Consequently, we hold that there was no ripe controversy before the district court which mandated injunctive relief. Accordingly, we vacate the injunction. The trial court granted injunctive relief based on a hypothetical situation which might or might not arise at a later date. District courts, under our Constitution, do not give advice or decide cases upon speculative, hypothetical or contingent situations. Coalson v. City Council of Victoria, 610 S.W.2d 744 (Tex.1980).

In regard to the second issue presented in this case, the trial court denied attorney’s fees to the farm workers on the basis that such an award was barred by sovereign immunity. The court of appeals affirmed. However, the trial court did find that if sovereign immunity did not bar payment, then TEC would be liable for $36,810 in attorney’s fees.

The Legislature has expressly provided for payment of judgments against state officials in TEX.CIV.PRAC. & REM.CODE, Ch. 104 as well as for the payment of attorney’s fees and costs in suits arising from a State official’s or State employee’s engagement in a prohibited act. TEX.CIV.PRAC. & REM.CODE § 106.001 (Vernon 1986).

Section 106.001, in pertinent part provides:

§ 106.001. Prohibited Acts
(a) An officer or employee of the state or of a political subdivision of the state who is acting or purporting to act in an official capacity may not, because of a person’s race, religion, color, sex, or national origin:
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(4) refuse to permit the person to participate in a program owned, operated, or managed by or on behalf of the state or a political subdivision of the state;
[*152] (5) refuse to grant a benefit to the person;
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In the trial court’s findings of facts and conclusions of law, it determined that minority agricultural workers were denied TUCA unemployment benefits and found illegal ethnic and racial discrimination in violation of the Texas Equal Rights Amendment, TEX. CONST, art. I, § 3a. The State, through TEC, refused to permit the farm workers to participate in the State operated unemployment compensation program. The freedom to participate in such a program is undeniably a benefit. Accordingly, TEC’s actions fell within the ambit of prohibited acts enunciated in subsections (4) and (5) of § 106.001.

The remedies afforded for a violation of § 106.001 are set forth in § 106.002:

§ 106.002 Remedies
(a) If a person has violated or there are reasonable grounds to believe a person is about to violate Section 106.001, the person aggrieved by the violation or threatened violation may sue for preventive relief, including a permanent or temporary injunction, a restraining order, or any other order.
(b) In an action under this section, unless the state is the prevailing party, the court may award the prevailing party reasonable attorney’s fees as a part of the costs. The state’s liability for costs is the same as that of a private person.

We hold that in compliance with Chapter 106, the farm workers, as prevailing parties, are entitled to attorney’s fees and costs. We therefore hold that the lower courts erred in finding that sovereign immunity barred the State from liability and uphold the trial court’s finding granting the farm workers $36,810 in attorney’s fees.

Finally, in reference to costs, the court of appeals ordered that the costs of appeal be taxed equally between TEC and the farm workers and remanded to the trial court for an assessment of the additional costs of the suit. We reverse the judgment of the court of appeals and order that all costs be assessed against the State. TEX. R.CIV.P. 131 provides that the successful party to a suit shall recover all costs incurred. “Taxing of costs against the successful party in the trial court is contrary to Rule 131 of the Texas Rules of Civil Procedure.” Martinez v. Pierce, 31 Tex.Sup.CtJ. 359 (April 30, 1988).

We reverse the judgment of the court of appeals. We affirm that part of the trial court’s judgment granting declaratory relief but vacate the portion of the judgment granting injunctive relief. We reverse the portion of the trial court’s judgment denying the farm workers recovery of attorney’s fees and render judgment that the farm workers recover $36,810 in attorney’s fees. We reverse the court of appeals’ assessment of costs and order that all costs of the suit be assessed against the State.