Texas Senate Bill SB988

Texas 2019 - 86th Regular

Caption

Relating to the assessment of litigation costs and attorney's fees in certain actions under the public information law.

Impact

With the passage of SB988, the legal landscape regarding public information requests in Texas is set to change. The new law is intended to discourage baseless litigation against government bodies, which could have a profound impact on the willingness of individuals to challenge governmental decisions. By raising the standard for the awarding of attorney’s fees, it may reduce the number of lawsuits filed under public information laws, thereby potentially limiting transparency. The bill directly alters the balance of power between individuals seeking government accountability and the governmental organizations defending against claims.

Summary

SB988 addresses the assessment of litigation costs and attorney's fees within the context of actions under the public information law in Texas. The bill stipulates that a court may not award litigation costs or attorney's fees to either party unless it finds that the action was groundless in fact or law. This provision aims to ensure that both governmental entities and individuals are held accountable for frivolous legal actions that do not have a solid foundation either legally or factually.

Sentiment

The sentiment surrounding SB988 appears to be mixed. Proponents argue that the legislation is a necessary safeguard against frivolous lawsuits that burden the court system and harass governmental entities. They maintain that it promotes good faith in legal actions directed at public information laws. Conversely, critics express concern that such a measure may deter legitimate claims and undermine citizens' ability to hold the government accountable. This polarization showcases a fundamental tension between the need for governmental accountability and the protection of governmental entities from unnecessary legal challenges.

Contention

One of the notable points of contention regarding SB988 is its potential chilling effect on public participation in legal proceedings against governmental bodies. Opponents fear that making it more difficult to obtain attorney's fees could dissuade individuals from pursuing legitimate claims concerning public information. This debate raises essential questions about the balance of interests—ensuring that public bodies are protected from unjust litigation while also maintaining citizens' rights to access and challenge governmental actions when necessary. The law's implementation may prompt further discussions on the appropriateness of legal frameworks governing public transparency.