Texas Codes
Tex. Lab. Code § 21.259 (2026)
Attorney's Fees; Costs
✓ laws through the 89th Legislature (2025)
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Sec. 21.259. ATTORNEY'S FEES; COSTS. (a) In a proceeding under this chapter, a court may allow the prevailing party, other than the commission, a reasonable attorney's fee as part of the costs.
(b) The state, a state agency, or a political subdivision is liable for costs, including attorney's fees, to the same extent as a private person.
(c) In awarding costs and attorney's fees in an action or a proceeding under this chapter, the court, in its discretion, may include reasonable expert fees.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.07(c), eff. Sept. 1, 1995.
Notes of Decisions
Cited in 72
cases (5 in the last 5 years), 1995–2025 · leading case: Intercontinental Grp. P'ship v. KB Home Lone Star L.P., 295 S.W.3d 650 (Tex. 2009).
Intercontinental Grp. P'ship v. KB Home Lone Star L.P., 295 S.W.3d 650 (Tex. 2009). “1998) (per curiam) (addressing attorney's fees provided by Texas Labor Code § 21.259, a statute intended to effectuate Title VII of the federal Civil Rights Act, see id.”
Rohrmoos Venture v. Utsw DVA Healthcare, LLP, 578 S.W.3d 469 (Tex. 2019). “We explained that: Under the lodestar method, the determination of what constitutes a reasonable attorney's fee involves two steps.”
Burgmann Seals Am., Inc. v. Cadenhead, 135 S.W.3d 854 (Tex. App.—Houston [1st Dist.] 2004). “Tex. Lab.Code Ann. §§ 21.259 (Vernon 1996).”
Sw. Bell Mobile Sys., Inc. v. Franco, 951 S.W.2d 218 (Tex. App.—Corpus Christi 1997). “SBMS first argues that, for attorney's fees purposes, neither Franco nor Mendez were "prevailing parties" because the jury awarded them zero damages on the statutory action.”
Kirk Brand Coburn v. Janet Moreland, 433 S.W.3d 809 (Tex. App.—Austin 2014). “012(b) (authorizing award of attorney’s fees to "prevailing party” in various actions); Tex. Lab.Code § 21.259(a) ("[A] court may allow the prevailing party .”
Holland v. Wal-Mart Stores, Inc., 1 S.W.3d 91 (Tex. 1999). “50(d); Tex. Lab.Code § 21.259(a); Tex. Gov’t Code § 554.”
Fred Jackson v. Host Int'l, Inc., 426 F. App'x 215 (5th Cir. 2011). “Appeal Jackson seeks attorney’s fees for his successful defense of this appeal, relying on Texas Labor Code § 21.259, which allows a prevailing party to recover reasonable attorney’s fees in a proceeding under the Labor Code.”
Williams-Pyro, Inc. v. Rhonda Barbour, 408 S.W.3d 467 (Tex. App.—El Paso 2013). “Barbour argues that the trial court erred as a matter of law by concluding that it did not have the authority under Texas Labor Code Section 21.259 to apply a multiplier to enhance the amount of attorney’s fees in an age • discrimination case.”
Twigland Fashions, Ltd. v. Miller, 335 S.W.3d 206 (Tex. App.—Austin 2010). “In five issues, Twigland asserts that (1) the evidence was legally insufficient to support a jury submission or finding of its liability under a hostile-work-environment sexual-harassment theory, or it was at least factually insufficient to support that finding; (2) Twigland…”
Winters v. Chubb & Son, Inc., 132 S.W.3d 568 (Tex. App.—Houston [14th Dist.] 2004). “” Tex. Lab.Code Ann. § 21.259 (Vernon 1996) (emphasis added).”
Coastal Mart, Inc. v. Hernandez, 76 S.W.3d 691 (Tex. App.—Corpus Christi 2002). “Tex. Lab.Code Ann. § 21.259(a) (Vernon Supp.”
Dillard Dep't Stores, Inc. v. Gonzales, 72 S.W.3d 398 (Tex. App.—El Paso 2002). “Tex. Lab. Code Ann. § 21.259 (a) (Vernon 1996).”
Tex. Lab. Code § 21.259(a): 28 cases
Rohrmoos Venture v. Utsw DVA Healthcare, LLP, 578 S.W.3d 469 (Tex. 2019). “We explained that: Under the lodestar method, the determination of what constitutes a reasonable attorney's fee involves two steps.”
Kirk Brand Coburn v. Janet Moreland, 433 S.W.3d 809 (Tex. App.—Austin 2014). “012(b) (authorizing award of attorney’s fees to "prevailing party” in various actions); Tex. Lab.Code § 21.259(a) ("[A] court may allow the prevailing party .”
Holland v. Wal-Mart Stores, Inc., 1 S.W.3d 91 (Tex. 1999). “50(d); Tex. Lab.Code § 21.259(a); Tex. Gov’t Code § 554.”
Coastal Mart, Inc. v. Hernandez, 76 S.W.3d 691 (Tex. App.—Corpus Christi 2002). “Tex. Lab.Code Ann. § 21.259(a) (Vernon Supp.”
Labrado v. Cnty. of El Paso, 132 S.W.3d 581 (Tex. App.—El Paso 2004).
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