| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the assessment of litigation costs and attorney fees in |
|
|
certain lawsuits under the public information law. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 552.323(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) In an action brought under Section 552.321 or 552.3215, |
|
|
the court shall assess costs of litigation and reasonable attorney |
|
|
fees incurred by a plaintiff who substantially prevails or may |
|
|
assess costs of litigation and reasonable attorney fees incurred by |
|
|
a plaintiff to whom a governmental body voluntarily releases the |
|
|
requested information after filing an answer to the suit, except |
|
|
that the court may not assess those costs and fees against a |
|
|
governmental body if the court finds that the governmental body |
|
|
acted in reasonable reliance on: |
|
|
(1) a judgment or an order of a court applicable to the |
|
|
governmental body; |
|
|
(2) the published opinion of an appellate court; or |
|
|
(3) a written decision of the attorney general, |
|
|
including a decision issued under Subchapter G or an opinion issued |
|
|
under Section 402.042. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a suit filed on or after the effective date of this Act. A suit |
|
|
filed before the effective date of this Act is governed by the law |
|
|
in effect immediately before the effective date of this Act, and |
|
|
that law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2017. |