86R23021 BEF-F
By: Smithee H.B. No. 3457
Substitute the following for H.B. No. 3457:
By: Parker C.S.H.B. No. 3457
A BILL TO BE ENTITLED
AN ACT
relating to the assessment of costs of litigation and reasonable
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, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) For purposes of Subsection (a), a plaintiff
substantially prevails if the plaintiff obtains relief through:
(1) a judicial order;
(2) an enforceable written agreement or consent
decree; or
(3) a voluntary or unilateral change in position by
the governmental body.
SECTION 2. Section 552.323(c), Government Code, as added by
this Act, applies only to an action commenced on or after the
effective date of this Act. An action commenced before the
effective date of this Act is governed by the law applicable to the
action 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.