Sec. 273.102. MANDAMUS ACTIONS. (a) In an action in a court of competent jurisdiction seeking a writ of mandamus to compel the city's governing body to comply with the requirement that a ballot proposition must substantially submit the question with such definiteness, certainty, and facial neutrality that the voters are not misled, the court shall make its determination without delay and may order the city to use ballot proposition language drafted by the court. (b) Except as provided by Subsection (d), the court may award a plaintiff or relator who substantially prevails in a mandamus action described by Subsection (a) the party's reasonable attorney's fees, expenses, and court costs. (c) Governmental immunity to suit is waived and abolished only to the extent of the liability created by Subsection (b). (d) If, pursuant to Section 273.101 , the secretary of state determines that a proposition is not misleading, inaccurate, or prejudicial, or drafts the ballot proposition language, a plaintiff or relator who prevails in a mandamus action described by Subsection (a) may not be awarded the party's reasonable attorney's fees, expenses, or court costs.
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