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A BILL TO BE ENTITLED
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AN ACT
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relating to disclosure under the public information law of |
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settlement communications maintained by or on behalf of the |
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attorney general as part of a deceptive trade practices |
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investigation or action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 17.45, Business & Commerce Code, is |
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amended by adding Subdivision (18) to read as follows: |
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(18) "Settlement communications" means documentary |
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materials or information collected, assembled, drafted, developed, |
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used, received, or maintained by or on behalf of the attorney |
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general with respect to an investigation or litigation conducted |
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under this subchapter and that reflects or is regarding |
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negotiations made for the purpose of achieving a resolution of a |
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matter without the need for continuing with litigation or trial. |
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SECTION 2. Subchapter E, Chapter 17, Business & Commerce |
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Code, is amended by adding Section 17.475 to read as follows: |
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Sec. 17.475. CONFIDENTIALITY OF SETTLEMENT COMMUNICATIONS. |
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An attorney general settlement communication is privileged and not |
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subject to disclosure under Chapter 552, Government Code, from the |
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date the attorney general's investigation begins, as indicated in |
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the attorney general's case management records, until the earlier |
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of the date: |
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(1) the case is reported closed in the attorney |
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general's case management records; |
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(2) the final judgment, assurance of voluntary |
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compliance, or other settlement agreement is entered by the court, |
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and the period for filing a notice of appeal has passed; |
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(3) the settlement documents are executed by all |
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parties, if the documents are not filed in court; |
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(4) the order of dismissal or nonsuit disposing of all |
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parties is entered by the court; or |
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(5) all appeals are finalized. |
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SECTION 3. The change in law made by this Act applies only |
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to a request for public information received by the attorney |
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general under Chapter 552, Government Code, on or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |
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