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A BILL TO BE ENTITLED
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AN ACT
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relating to creating a civil cause of action against a governmental |
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entity for a violation of 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. Subchapter H, Chapter 552, Government Code, is |
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amended by adding Section 552.328 to read as follows: |
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Sec. 552.328. CIVIL CAUSE OF ACTION. (a) In addition to |
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the other civil actions provided by this subchapter, a requestor |
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may bring a civil action for damages against a governmental body |
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that violates this chapter. |
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(b) A requestor who prevails in an action brought under this |
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section is entitled to obtain: |
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(1) exemplary damages in an amount not to exceed |
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$200,000 for each violation; and |
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(2) reasonable attorney's fees and court costs. |
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(c) Sovereign immunity of this state and governmental |
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immunity of a local entity to suit and from liability is waived to |
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the extent of liability created by this section. |
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SECTION 2. Section 552.328, Government Code, as added by |
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this Act, applies only to a violation of Chapter 552, Government |
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Code, relating to a request for information that is received by a |
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governmental body or an officer for public information on or after |
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the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |