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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, Government Code, is amended to |
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read as follows: |
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Sec. 552.323. ASSESSMENT OF COSTS OF LITIGATION AND |
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REASONABLE ATTORNEY FEES. (a) Except as provided by Subsections |
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(b) and (c), in [In] an action brought under Section 552.321, [or] |
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552.3215, 552.324, or 552.325, the court shall assess costs of |
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litigation and reasonable attorney fees incurred by a plaintiff or |
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intervening requestor: |
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(1) who substantially prevails; or |
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(2) to whom a governmental body voluntarily releases |
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the requested information, unless before suit is filed: |
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(A) the body releases the information; or |
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(B) the body certifies a date and hour within a |
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reasonable time when the information will be available for |
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inspection or duplication. |
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(b) The [, except that the] court may not assess [those] |
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costs or [and] fees against a governmental body under Subsection |
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(a) if the court finds that the governmental body acted in |
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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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(c) Notwithstanding Subsection (a), in an action brought |
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under Section 552.325 by a person or entity other than a |
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governmental body or officer for public information, the court |
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shall assess costs of litigation and reasonable attorney fees |
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incurred by an intervening requestor if the intervening requestor |
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substantially prevails. |
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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 reasonable attorney's fees |
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incurred by a plaintiff or defendant who substantially prevails |
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unless the court finds the action or the defense of the action was |
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groundless in fact or law. In exercising its discretion under this |
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subsection, the court shall consider whether the conduct of the |
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governmental body had a reasonable basis in law and whether the |
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litigation was brought in good faith.] |
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SECTION 2. The changes in law made by this Act apply only to |
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a request for public information received by a governmental body or |
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officer for public information on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |