By: Smithee H.B. No. 3457
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 of the Texas Government Code is
hereby amended to add section (c) and (d) as follows:
(c) For purposes of this section, a plaintiff has
substantially prevailed if the plaintiff has obtained relief
through either:
(i) a judicial order, or an enforceable written
agreement or consent decree; or
(ii) a voluntary or unilateral change in position by
the governmental body.
(d) A requestor who intervenes in a suit brought pursuant to
Section 552.324 and seeks mandamus pursuant to Section 552.321(a)
shall be subject to the standard for recovery of fees set out in
subsection (a) of this section.
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, 2019.