Tex. Codes » Water Code · TITLE 2. WATER ADMINISTRATION · SUBTITLE A. EXECUTIVE AGENCIES · CHAPTER 7. ENFORCEMENT
Texas Codes

Tex. Water Code § 7.108 (2026)

Attorney's Fees

✓ current as of May 2026
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Sec. 7.108. ATTORNEY'S FEES. If the state prevails in a suit under this subchapter it may recover reasonable attorney's fees, court costs, and reasonable investigative costs incurred in relation to the proceeding.

Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.

Notes of Decisions
Cited in 4 cases, 2015–2017 · leading case: Texas Comm'n on Env't Quality v. Exxon Mobil Corp. ExxonMobil Oil Corp. Pennzoil-Quaker State Co. & Shell Oil Co., 504 S.W.3d 532 (Tex. App. 2016).
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Texas Comm'n on Env't Quality v. Exxon Mobil Corp. ExxonMobil Oil Corp. Pennzoil-Quaker State Co. & Shell Oil Co., 504 S.W.3d 532 (Tex. App. 2016). “341; Tex. Water Code § 7.108; Tex. Gov’t Code § 402.”
Texas Comm'n on Env't Quality v. Exxon Mobil Corp. ExxonMobil Oil Corp. Pennzoil-Quaker State Co. & Shell Oil Co. (Tex. App. 2016). “341; Tex. Water Code § 7.108; Tex. Gov’t Code § 402.”
Baxter Oil Serv., Ltd. v. Texas Comm'n on Env't Quality (Tex. App. 2017). “273(2) seeking to require the third-party defendants to “provide and implement a cost effective and environmentally sound remedial action plan designed to eliminate the release or threatened release”; and (4) attorneys’ fees under Texas Water Code Section 7.108, Texas Government…”
Texas Comm'n on Env't Quality v. Exxon Mobil Corp. ExxonMobil Oil Corp. Pennzoil-Quaker State Co. & Shell Oil Co. (Tex. App. 2015). “The TCEQ has incurred reasonable attorneys' fees, reasonable costs to prepare and provide witnesses, and reasonable costs of investigating and assessing the Site, and asks that these costs and fees be recovered from the Counter-Defendants and Third-Party Defendants as allowed by…”
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