By: Johnson S.B. No. 1617
(In the Senate - Filed March 6, 2023; March 16, 2023, read
first time and referred to Committee on State Affairs;
April 17, 2023, reported favorably by the following vote: Yeas 10,
Nays 0; April 17, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to disclosure under the public information law of
settlement communications maintained by or on behalf of the
attorney general as part of a deceptive trade practices
investigation or action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 17.45, Business & Commerce Code, is
amended by adding Subdivision (18) to read as follows:
(18) "Settlement communications" means documentary
materials or information collected, assembled, drafted, developed,
used, received, or maintained by or on behalf of the attorney
general with respect to an investigation or litigation conducted
under this subchapter and that reflects or is regarding
negotiations made for the purpose of achieving a resolution of a
matter without the need for continuing with litigation or trial.
SECTION 2. Subchapter E, Chapter 17, Business & Commerce
Code, is amended by adding Section 17.475 to read as follows:
Sec. 17.475. CONFIDENTIALITY OF SETTLEMENT COMMUNICATIONS.
An attorney general settlement communication is privileged and not
subject to disclosure under Chapter 552, Government Code, from the
date the attorney general's investigation begins, as indicated in
the attorney general's case management records, until the earlier
of the date:
(1) the case is reported closed in the attorney
general's case management records;
(2) the final judgment, assurance of voluntary
compliance, or other settlement agreement is entered by the court,
and the period for filing a notice of appeal has passed;
(3) the settlement documents are executed by all
parties, if the documents are not filed in court;
(4) the order of dismissal or nonsuit disposing of all
parties is entered by the court; or
(5) all appeals are finalized.
SECTION 3. The change in law made by this Act applies only
to a request for public information received by the attorney
general under Chapter 552, Government Code, on or after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2023.
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