82R6412 RWG-F
By: Hunter H.B. No. 2980
A BILL TO BE ENTITLED
AN ACT
relating to the assessment of litigation costs in certain actions
under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.323(b), Government Code, is amended
to read as follows:
(b) In an action brought under Section 552.324, the court
may assess costs of litigation and reasonable attorney's fees
incurred by a plaintiff or defendant who substantially
prevails. In exercising its discretion under this subsection, the
court shall consider whether the conduct of the governmental body
had a reasonable basis in law or [and] whether the litigation was
brought in good faith.
SECTION 2. The change in law made by this Act applies only
to an action commenced on or after the effective date of this Act.
An action commenced before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 3. 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, 2011.