Tex. Gov't Code Ann. §§ 2306.185, 2306.186, 2306.269, 2306.358, 2306.6702, 2306.6713, 2306.6720, 2306.6722, 2306.6726, 2306.6728, 2306.6730, 2306.6735, 2306.6738, 2306.851–2306.853, 2306.921–2306.940 § 2306.938
ATTORNEY'S FEES.
Operative Text
Sec. 2306.938. ATTORNEY'S FEES. The court in a suit brought under this subchapter may award reasonable attorney's fees to the prevailing party. Added by Acts 2025, 89th Leg., R.S., Ch. 695 (S.B. 243), Sec. 1, eff. September 1, 2025.
Section 2306.938 of the Texas Government Code provides that when a lawsuit is filed under this subchapter, the court has discretion to award reasonable attorney's fees to whichever party prevails in that litigation. This means neither side is automatically entitled to fee recovery — the court decides whether such an award is appropriate. The provision applies specifically to suits brought under the relevant subchapter, not to all housing-related claims generally.
Plain English — not legal advice.
Under Tex. Gov't Code § 2306.938, property owners and managers involved in litigation under this subchapter should be aware that a prevailing party — including a landlord — may be eligible to recover reasonable attorney's fees as determined by the court. Operators who maintain thorough documentation of their compliance practices are generally better positioned in any litigation that arises under this subchapter. Consulting legal counsel familiar with Texas housing law is a common step for operators navigating disputes that could result in or defend against a lawsuit under this subchapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 2306.938 of the Texas Government Code means that tenants who bring or defend a suit under this subchapter and prevail may be eligible to have the court award them reasonable attorney's fees. This fee-shifting possibility can be a meaningful factor when evaluating whether to pursue a legal claim under this subchapter. Tenant-rights organizations in Texas can help renters understand what types of claims fall under this subchapter and what the litigation process generally looks like.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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