TX
Texas House Bill HB3457

Texas 2019 - 86th Regular

Texas House Bill HB3457 Compare Versions

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1-86R23021 BEF-F
21 By: Smithee H.B. No. 3457
3- Substitute the following for H.B. No. 3457:
4- By: Parker C.S.H.B. No. 3457
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
9- relating to the assessment of costs of litigation and reasonable
10- attorney fees in certain lawsuits under the public information law.
6+ relating to the assessment of litigation costs and attorney fees in
7+ certain lawsuits under the public information law.
118 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12- SECTION 1. Section 552.323, Government Code, is amended by
13- adding Subsection (c) to read as follows:
14- (c) For purposes of Subsection (a), a plaintiff
15- substantially prevails if the plaintiff obtains relief through:
16- (1) a judicial order;
17- (2) an enforceable written agreement or consent
18- decree; or
19- (3) a voluntary or unilateral change in position by
9+ SECTION 1. Section 552.323 of the Texas Government Code is
10+ hereby amended to add section (c) and (d) as follows:
11+ (c) For purposes of this section, a plaintiff has
12+ substantially prevailed if the plaintiff has obtained relief
13+ through either:
14+ (i) a judicial order, or an enforceable written
15+ agreement or consent decree; or
16+ (ii) a voluntary or unilateral change in position by
2017 the governmental body.
21- SECTION 2. Section 552.323(c), Government Code, as added by
22- this Act, applies only to an action commenced on or after the
23- effective date of this Act. An action commenced before the
24- effective date of this Act is governed by the law applicable to the
25- action immediately before the effective date of this Act, and that
26- law is continued in effect for that purpose.
18+ (d) A requestor who intervenes in a suit brought pursuant to
19+ Section 552.324 and seeks mandamus pursuant to Section 552.321(a)
20+ shall be subject to the standard for recovery of fees set out in
21+ subsection (a) of this section.
22+ SECTION 2. The change in law made by this Act applies only
23+ to a suit filed on or after the effective date of this Act. A suit
24+ filed before the effective date of this Act is governed by the law
25+ in effect immediately before the effective date of this Act, and
26+ that law is continued in effect for that purpose.
2727 SECTION 3. This Act takes effect September 1, 2019.