Texas House Bill HB2783

Texas 2017 - 85th Regular

Caption

Relating to the assessment of litigation costs and attorney fees in certain lawsuits under the public information law.

Impact

The potential impact of HB2783 lies in its implications for transparency and accountability in government. By facilitating the recovery of litigation costs and fees for prevailing plaintiffs, the bill seeks to encourage individuals and organizations to pursue legal action against governmental entities that fail to comply with public information requests. This could lead to a greater public interest in holding government bodies accountable and promoting transparency in government operations. The limitation on assessing costs against governmental bodies also reflects an attempt to balance the interests of government entities with the rights of citizens to access public information.

Summary

House Bill 2783 addresses the assessment of litigation costs and attorney fees in specific lawsuits related to the public information law in Texas. The bill amends Section 552.323(a) of the Government Code to stipulate that courts must assess litigation costs and reasonable attorney fees incurred by plaintiffs who substantially prevail in such lawsuits. Furthermore, if a governmental body voluntarily provides the requested information after being sued, the court may also assess these costs and fees. However, the bill puts limitations on when these costs may be assessed against governmental bodies, particularly when they rely on court judgments, appellate opinions, or attorney general decisions.

Sentiment

The sentiment surrounding HB2783 appears to be generally supportive among advocates of government transparency and accountability. Proponents argue that the bill will empower citizens and organizations to seek justice when public information is not disclosed, thus enhancing public oversight of governmental actions. Nonetheless, there are concerns regarding the implications of imposing litigation costs on governmental bodies, which may discourage them from providing information to the public for fear of incurring legal costs. This creates a nuanced debate around the necessity of accountability while ensuring that governmental entities are not unduly burdened.

Contention

Notable points of contention surrounding HB2783 include the balance between facilitating citizen access to public information and protecting governmental bodies from excessive legal burdens. Critics may raise concerns that the bill could lead to frivolous lawsuits against government entities or create hesitancy among governmental bodies to disclose information out of fear of legal repercussions. The discussions around the bill highlight a broader tension between the need for transparency in government operations and the administrative challenges faced by governmental bodies in managing public information requests.