Relating to the assessment of litigation costs and attorney's fees in certain actions under the public information law.
This bill is expected to have significant implications for both plaintiffs and defendants in litigation involving public information law. By limiting the opportunity to recover litigation costs, the bill may deter individuals or entities from engaging in legal actions that challenge governmental decisions if they believe their chances of prevailing are slim. Conversely, it may protect governmental bodies from undue financial burden resulting from litigations deemed without merit. The clear delineation of what constitutes groundless claims fosters a more predictable legal environment concerning the invocation of public information laws.
House Bill 2192 serves to amend the assessment of litigation costs and attorney's fees in certain actions under the public information law in Texas. Specifically, the bill modifies Section 552.323(b) of the Government Code to clarify the conditions under which a court may assess costs to the prevailing party in such cases. The primary change restricts the recovery of these costs and fees unless the court determines that the actions taken were groundless in fact or law. This provides a more structured approach to how legal costs are adjudicated in cases regarding public information access, aiming to discourage frivolous lawsuits against governmental bodies while preserving legitimate claims.
The provisions of HB 2192 have generated discussions concerning the balance of power between the public's right to access information and the need to protect governmental bodies from unwarranted legal challenges. Supporters of the bill argue that it serves to prevent abuse of the legal system by those who might file speculative suits against government entities, thus conserving judicial resources. However, critics caution that such limitations could potentially silence legitimate disputes over governmental transparency and accountability, arguing that the public has a vested interest in holding government entities responsible for non-compliance with public information requests.