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Harris County Water Control and Improvement Dist. #99 v. Duke

The provisions of the Tax Code concerning the collection of attorneys' fees in a suit by a water control and improvement district prevail over Texas Water Code '51.591.

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OPINION

This appeal arises from a suit to collect delinquent ad valorem taxes brought against the appellees by Harris County Water Control and Improvement District number 99. Following a bench trial before an appointed tax master, the trial court ruled in favor of the District, and awarded it delinquent taxes, penalties, and interest. The trial court also awarded the District an amount of attorney’s fees equal to 10 percent of the total base taxes owed. In its sole point of error, the District contends that it is entitled to recoup a greater amount of its attorney’s fees than was awarded by the trial court.

We reverse the judgment of the trial court on the issue of the District’s attorney’s fees, and render judgment on the amount of attorney’s fees the District may recover.

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