S.B. No. 988
AN ACT
relating to the assessment of litigation costs and attorney's fees
in certain actions under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.323(b), Government Code, is amended
to read as follows:
(b) In an action brought under Section 552.324, the court
may not assess costs of litigation or [and] reasonable attorney's
fees incurred by a plaintiff or defendant who substantially
prevails unless the court finds the action or the defense of the
action was groundless in fact or law. In exercising its discretion
under this subsection, the court shall consider whether the conduct
of the governmental body had a reasonable basis in law and whether
the litigation was brought in good faith.
SECTION 2. The change in law made by this Act applies only
to an action brought on or after the effective date of this Act. An
action brought before the effective date of this Act is governed by
the law as it existed 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 988 passed the Senate on
April 4, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 988 passed the House on
May 21, 2019, by the following vote: Yeas 139, Nays 2, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor