| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of certain persons to bring an action for |
|
|
declaratory judgment under the open meetings law or public |
|
|
information law regarding compliance or action by a governmental |
|
|
body. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter G, Chapter 551, Government Code, is |
|
|
amended by adding Section 551.1425 to read as follows: |
|
|
Sec. 551.1425. DECLARATORY JUDGMENT. (a) An interested |
|
|
person, including a member of the news media, may bring an action |
|
|
for declaratory judgment to: |
|
|
(1) determine whether a governmental body has complied |
|
|
with a provision of this chapter; or |
|
|
(2) construe a provision of this chapter in connection |
|
|
with a legal or factual position taken by the governmental body |
|
|
concerning the provision. |
|
|
(b) A court hearing an action under this section may award |
|
|
costs and reasonable and necessary attorney's fees as provided by |
|
|
Section 37.009, Civil Practice and Remedies Code. |
|
|
SECTION 2. Subchapter H, Chapter 552, Government Code, is |
|
|
amended by adding Section 552.3214 to read as follows: |
|
|
Sec. 552.3214. DECLARATORY JUDGMENT. A requestor or the |
|
|
attorney general may bring an action for declaratory judgment |
|
|
involving a request for information made to a governmental body |
|
|
under this chapter to determine: |
|
|
(1) whether the governmental body has complied with a |
|
|
provision of this chapter; or |
|
|
(2) the accuracy of a legal or factual position taken |
|
|
by the governmental body, including as part of: |
|
|
(A) a determination of the estimated cost of |
|
|
providing requested information; or |
|
|
(B) a request for a decision from the attorney |
|
|
general under Subchapter G. |
|
|
SECTION 3. The heading to Section 552.3215, Government |
|
|
Code, is amended to read as follows: |
|
|
Sec. 552.3215. DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF |
|
|
FOLLOWING COMPLAINT. |
|
|
SECTION 4. Section 552.323, Government Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(c) A court hearing an action under Section 552.3214 or |
|
|
552.3215 may award costs and reasonable and necessary attorney's |
|
|
fees as provided by Section 37.009, Civil Practice and Remedies |
|
|
Code. |
|
|
SECTION 5. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2025. |