| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 86R9197 AJA-F | |
| 2 | 2 | By: Capriglione H.B. No. 2192 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the assessment of litigation costs and attorney's fees | |
| 8 | 8 | in certain actions under the public information law. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Section 552.323(b), Government Code, is amended | |
| 11 | 11 | to read as follows: | |
| 12 | 12 | (b) In an action brought under Section 552.324, the court | |
| 13 | 13 | may not assess costs of litigation or [and] reasonable attorney's | |
| 14 | 14 | fees incurred by a plaintiff or defendant who substantially | |
| 15 | 15 | prevails unless the court finds the action or the defense of the | |
| 16 | 16 | action was groundless in fact or law. In exercising its discretion | |
| 17 | 17 | under this subsection, the court shall consider whether the conduct | |
| 18 | 18 | of the governmental body had a reasonable basis in law and whether | |
| 19 | 19 | the litigation was brought in good faith. | |
| 20 | 20 | SECTION 2. The change in law made by this Act applies only | |
| 21 | 21 | to an action brought on or after the effective date of this Act. An | |
| 22 | 22 | action brought before the effective date of this Act is governed by | |
| 23 | 23 | the law as it existed immediately before the effective date of this | |
| 24 | 24 | Act, and that law is continued in effect for that purpose. | |
| 25 | 25 | SECTION 3. This Act takes effect September 1, 2019. |