By: Wentworth S.B. No. 1041
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the enforcement of the public information law;
1-2 providing for the imposition of a civil penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter H, Chapter 552, Government Code, is
1-5 amended by adding Section 552.3215 to read as follows:
1-6 Sec. 552.3215. CIVIL PENALTY. (a) In this section, "state
1-7 agency" means a board, commission, department, office, or other
1-8 agency that:
1-9 (1) is in the executive branch of state government;
1-10 (2) was created by the constitution or a statute of
1-11 this state; and
1-12 (3) has statewide jurisdiction.
1-13 (b) A governmental body that violates this chapter is
1-14 subject to a civil penalty of not less than $25 or more than $1,000
1-15 for each act of violation. Each day a violation continues is
1-16 considered a separate violation.
1-17 (c) The district or county attorney for the county in which
1-18 the governmental body is located or the attorney general may bring
1-19 a civil suit in the name of the state to assess and recover the
1-20 civil penalty in a district court for that county. If the
1-21 governmental body extends into more than one county, the suit must
1-22 be brought in the county in which the administrative offices of the
2-1 governmental body are located.
2-2 (d) In addition to the authority provided by Subsection (c),
2-3 if the governmental body is a state agency:
2-4 (1) the Travis County district attorney may bring the
2-5 civil suit to assess and recover the civil penalty; and
2-6 (2) the suit may be brought in a district court of
2-7 Travis County.
2-8 (e) A suit may be brought under this section regardless of
2-9 whether a suit for mandamus has been brought under Section 552.321.
2-10 (f) The court in which a civil suit is brought under this
2-11 section shall, on receipt of the petition, immediately issue an
2-12 order, in the form of a notice, directed to all persons who have or
2-13 who claim to have suffered economic or other damages from the
2-14 violation.
2-15 (g) An order under Subsection (f) must, in general terms and
2-16 without naming them, require the persons described in the notice to
2-17 appear for trial on the date set by the court, which shall be
2-18 specified in the notice. The clerk of the court shall give notice
2-19 by publishing a substantial copy of the order issued by the court
2-20 in a newspaper of general circulation in Travis County, the county
2-21 where the governmental body is located, and, if the governmental
2-22 body, other than a state agency, extends into more than one county,
2-23 each county in which the governmental body extends. The notice
2-24 shall be published once in each of two consecutive calendar weeks,
2-25 with the date of the first publication before the 14th day before
2-26 the trial date.
3-1 (h) The court may award a person who appears for trial and
3-2 shows that the person has suffered economic or other damage from
3-3 the violation a portion of the civil penalty assessed against a
3-4 governmental body in an amount not to exceed one-half of that
3-5 penalty.
3-6 (i) A civil penalty collected under this section, other than
3-7 money awarded to a person under Subsection (h), shall be deposited
3-8 in the state treasury.
3-9 (j) If the governmental body is a state agency, the
3-10 governmental body shall pay the civil penalty from money
3-11 appropriated for the operation of the governmental body.
3-12 (k) The civil penalty authorized by this section is in
3-13 addition to any other civil, administrative, or criminal action
3-14 provided by this chapter or another law.
3-15 SECTION 2. Section 552.323, Government Code, is amended to
3-16 read as follows:
3-17 Sec. 552.323. ASSESSMENT OF COSTS OF LITIGATION AND
3-18 REASONABLE ATTORNEY FEES. (a) In an action brought under Section
3-19 552.321 or 552.3215 [Section 552.353(b)(3)], the court shall [may]
3-20 assess costs of litigation and reasonable attorney fees incurred by
3-21 a plaintiff or defendant who substantially prevails, unless the
3-22 court finds that:
3-23 (1) the action was groundless, as defined by Section
3-24 9.001, Civil Practice and Remedies Code; or
3-25 (2) the governmental body or the officer for public
3-26 information acted in reasonable reliance on:
4-1 (A) a judgment or an order of a court applicable
4-2 to the governmental body or the officer for public information;
4-3 (B) the published opinion of an appellate court;
4-4 or
4-5 (C) a written decision of the attorney general,
4-6 including a decision issued under Subchapter G or an opinion issued
4-7 under Section 402.042.
4-8 (b) In an action brought under Section 552.353(b)(3), the
4-9 court may assess costs of litigation and reasonable attorney fees
4-10 incurred by a plaintiff or defendant who substantially prevails.
4-11 In exercising its discretion under this subsection [section], the
4-12 court shall consider whether the conduct of the officer for public
4-13 information of the governmental body had a reasonable basis in law
4-14 and whether the litigation was brought in good faith.