Texas House Bill HB2980

Texas 2011 - 82nd Regular

Caption

Relating to the assessment of litigation costs in certain actions under the public information law.

Impact

The legislation directly affects how litigation costs are assessed in public information law cases, potentially making it easier for parties, particularly governmental bodies, to defend against claims of non-compliance with public information requests. By introducing these guidelines, the bill aims to ensure that only litigants who prevail in substantial ways can claim costs. This may lower the financial risks for governmental bodies when facing suits under public information laws, thereby encouraging better compliance with public information requests and enhancing transparency.

Summary

House Bill 2980 aims to amend the Government Code by altering the assessment of litigation costs in cases related to the public information law. The bill allows courts to consider the reasonableness of a governmental body’s conduct and the good faith of the litigation when determining whether to award litigation costs and attorney's fees to either the plaintiff or defendant. This change is targeted at cases that arise under Section 552.324 of the Government Code, which deals with requests for information from governmental bodies. The intent is to provide clarity in legal proceedings related to public information and its accessibility to the citizens of Texas.

Sentiment

The sentiment surrounding HB 2980 appears to be mixed. Supporters appreciate the bill’s focus on maintaining a fair balance in litigation costs, suggesting it could deter frivolous lawsuits and encourage legitimate claims. However, critics express concerns regarding the potential for it to limit access to justice for individuals who seek to hold governmental bodies accountable for non-disclosure or delays in providing public information. The bill has sparked discussion about the protection of public rights against governmental overreach and accountability.

Contention

A notable point of contention in the discussions around HB 2980 is the provision that requires courts to assess the good faith of the litigation brought against the governmental body. Some argue that this could dissuade individuals from pursuing legitimate claims for fear of financial burden if their suit is perceived not to be in good faith. The bill will also retain the law governing actions commenced before its effective date, which raises questions about the continuity of legal practices and the possible implications for ongoing litigation at the time of the bill's passage.