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A BILL TO BE ENTITLED
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AN ACT
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relating to the assessment of litigation costs in certain actions |
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under the public information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.323(b), Government Code, is amended |
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to read as follows: |
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(b) In an action brought under Section 552.324, the court |
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may assess costs of litigation and reasonable attorney's fees |
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incurred by a plaintiff or defendant who substantially |
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prevails. In exercising its discretion under this subsection, the |
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court shall consider whether the conduct of the governmental body |
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had a reasonable basis in law or [and] whether the litigation was |
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brought in good faith. |
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SECTION 2. The change in law made by this Act applies only |
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to an action commenced on or after the effective date of this Act. |
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An action commenced before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |