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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 of the Texas Government Code is |
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hereby amended to add section (c) and (d) as follows: |
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(c) For purposes of this section, a plaintiff has |
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substantially prevailed if the plaintiff has obtained relief |
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through either: |
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(i) a judicial order, or an enforceable written |
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agreement or consent decree; or |
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(ii) a voluntary or unilateral change in position by |
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the governmental body. |
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(d) A requestor who intervenes in a suit brought pursuant to |
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Section 552.324 and seeks mandamus pursuant to Section 552.321(a) |
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shall be subject to the standard for recovery of fees set out in |
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subsection (a) of this section. |
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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, 2019. |