| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to the assessment of litigation costs and attorney's fees |
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| 6 | 8 | | in certain actions under the public information law. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Section 552.323(b), Government Code, is amended |
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| 9 | 11 | | to read as follows: |
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| 10 | 12 | | (b) In an action brought under Section 552.324, the court |
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| 11 | 13 | | may not assess costs of litigation or [and] reasonable attorney's |
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| 12 | 14 | | fees incurred by a plaintiff or defendant who substantially |
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| 13 | 15 | | prevails unless the court finds the action or the defense of the |
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| 14 | 16 | | action was groundless in fact or law. In exercising its discretion |
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| 15 | 17 | | under this subsection, the court shall consider whether the conduct |
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| 16 | 18 | | of the governmental body had a reasonable basis in law and whether |
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| 17 | 19 | | the litigation was brought in good faith. |
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| 18 | 20 | | SECTION 2. The change in law made by this Act applies only |
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| 19 | 21 | | to an action brought on or after the effective date of this Act. An |
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| 20 | 22 | | action brought before the effective date of this Act is governed by |
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| 21 | 23 | | the law as it existed immediately before the effective date of this |
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| 22 | 24 | | Act, and that law is continued in effect for that purpose. |
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| 23 | 25 | | SECTION 3. This Act takes effect September 1, 2019. |
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| 24 | | - | ______________________________ ______________________________ |
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| 25 | | - | President of the Senate Speaker of the House |
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| 26 | | - | I hereby certify that S.B. No. 988 passed the Senate on |
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| 27 | | - | April 4, 2019, by the following vote: Yeas 31, Nays 0. |
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| 28 | | - | ______________________________ |
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| 29 | | - | Secretary of the Senate |
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| 30 | | - | I hereby certify that S.B. No. 988 passed the House on |
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| 31 | | - | May 21, 2019, by the following vote: Yeas 139, Nays 2, two |
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| 32 | | - | present not voting. |
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| 33 | | - | ______________________________ |
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| 34 | | - | Chief Clerk of the House |
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| 35 | | - | Approved: |
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| 36 | | - | ______________________________ |
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| 37 | | - | Date |
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| 38 | | - | ______________________________ |
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| 39 | | - | Governor |
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