By: Smithee (Senate Sponsor - Watson) H.B. No. 2783
(In the Senate - Received from the House May 3, 2017;
May 4, 2017, read first time and referred to Committee on Business &
Commerce; May 15, 2017, reported favorably by the following vote:
Yeas 9, Nays 0; May 15, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the assessment of litigation costs and attorney fees in
certain lawsuits under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.323(a), Government Code, is amended
to read as follows:
(a) In an action brought under Section 552.321 or 552.3215,
the court shall assess costs of litigation and reasonable attorney
fees incurred by a plaintiff who substantially prevails or may
assess costs of litigation and reasonable attorney fees incurred by
a plaintiff to whom a governmental body voluntarily releases the
requested information after filing an answer to the suit, except
that the court may not assess those costs and fees against a
governmental body if the court finds that the governmental body
acted in reasonable reliance on:
(1) a judgment or an order of a court applicable to the
governmental body;
(2) the published opinion of an appellate court; or
(3) a written decision of the attorney general,
including a decision issued under Subchapter G or an opinion issued
under Section 402.042.
SECTION 2. The change in law made by this Act applies only
to a suit filed on or after the effective date of this Act. A suit
filed 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 September 1, 2017.
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