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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 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 to whom a |
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governmental body voluntarily releases the requested information |
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after filing an answer to the suit, except that the court may not |
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assess those costs and fees against a governmental body if the court |
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finds that the governmental body 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. |