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AN ACT
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relating to the assessment of litigation costs and attorney fees in |
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certain lawsuits 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(a), Government Code, is amended |
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to read as follows: |
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(a) In an action brought under Section 552.321 or 552.3215, |
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the court shall assess costs of litigation and reasonable attorney |
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fees incurred by a plaintiff who substantially prevails or may |
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assess costs of litigation and reasonable attorney fees incurred by |
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a plaintiff to whom a governmental body voluntarily releases the |
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requested information after filing an answer to the suit, except |
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that the court may not assess those costs and fees against a |
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governmental body if the court finds that the governmental body |
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acted in reasonable reliance on: |
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(1) a judgment or an order of a court applicable to the |
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governmental body; |
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(2) the published opinion of an appellate court; or |
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(3) a written decision of the attorney general, |
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including a decision issued under Subchapter G or an opinion issued |
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under Section 402.042. |
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SECTION 2. The change in law made by this Act applies only |
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to a suit filed on or after the effective date of this Act. A suit |
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filed before the effective date of this Act is governed by the law |
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in effect immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2783 was passed by the House on May 2, |
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2017, by the following vote: Yeas 145, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2783 was passed by the Senate on May |
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18, 2017, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |