Tex. Codes » Local Government Code · TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES · SUBTITLE C. REGULATORY AUTHORITY APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT · CHAPTER 245. ISSUANCE OF LOCAL PERMITS
Texas Codes

Tex. Loc. Gov't Code § 245.006 (2026)

Enforcement Of Chapter

✓ current as of May 2026
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Sec. 245.006. ENFORCEMENT OF CHAPTER. (a) This chapter may be enforced only through mandamus or declaratory or injunctive relief.

(b) A political subdivision's immunity from suit is waived in regard to an action under this chapter.

(c) A court may award court costs and reasonable and necessary attorney's fees to the prevailing party in an action under this chapter.

Added by Acts 1999, 76th Leg., ch. 73, Sec. 2, eff. May 11, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 31 (S.B. 574), Sec. 1, eff. September 1, 2005.

Acts 2017, 85th Leg., R.S., Ch. 264 (H.B. 1704), Sec. 1, eff. May 29, 2017.

Notes of Decisions
Cited in 2 cases, 2011–2017 · leading case: City of New Braunfels v. Carowest Land, Ltd., 549 S.W.3d 163 (Tex. App. 2017).
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City of New Braunfels v. Carowest Land, Ltd., 549 S.W.3d 163 (Tex. App. 2017). “" See Tex. Loc. Gov't Code § 252.061. Although both provisions provide an express statutory waiver of immunity, neither waives immunity for declaratory relief.”
Harper Park Two, LP v. City of Austin, Texas Greg Guernsey, Solely in His Capacity as Dir. of the Watershed Dev. Prot. & Dev. & Review Dep't for the City of Austin (Tex. App. 2011). “See Tex. Loc. Gov't Code Ann. § 245.006 (West 2005).”
Tex. Loc. Gov't Code § 245.006(a): 1 case
City of New Braunfels v. Carowest Land, Ltd., 549 S.W.3d 163 (Tex. App. 2017). “" See Tex. Loc. Gov't Code § 252.061. Although both provisions provide an express statutory waiver of immunity, neither waives immunity for declaratory relief.”
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