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AN ACT
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relating to the assessment of litigation costs and attorney's fees |
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in certain actions 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 not assess costs of litigation or [and] reasonable attorney's |
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fees incurred by a plaintiff or defendant who substantially |
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prevails unless the court finds the action or the defense of the |
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action was groundless in fact or law. In exercising its discretion |
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under this subsection, the court shall consider whether the conduct |
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of the governmental body had a reasonable basis in law and whether |
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the litigation was 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 brought on or after the effective date of this Act. An |
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action brought before the effective date of this Act is governed by |
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the law as it existed immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 988 passed the Senate on |
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April 4, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 988 passed the House on |
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May 21, 2019, by the following vote: Yeas 139, Nays 2, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |