| 1 | 1 | | By: Johnson S.B. No. 1617 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to disclosure under the public information law of |
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| 7 | 7 | | settlement communications maintained by or on behalf of the |
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| 8 | 8 | | attorney general as part of a deceptive trade practices |
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| 9 | 9 | | investigation or action. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 17.45, Business & Commerce Code, is |
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| 12 | 12 | | amended by adding Subdivision (18) to read as follows: |
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| 13 | 13 | | (18) "Settlement communications" means documentary |
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| 14 | 14 | | materials or information collected, assembled, drafted, developed, |
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| 15 | 15 | | used, received, or maintained by or on behalf of the attorney |
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| 16 | 16 | | general with respect to an investigation or litigation conducted |
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| 17 | 17 | | under this subchapter and that reflects or is regarding |
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| 18 | 18 | | negotiations made for the purpose of achieving a resolution of a |
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| 19 | 19 | | matter without the need for continuing with litigation or trial. |
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| 20 | 20 | | SECTION 2. Subchapter E, Chapter 17, Business & Commerce |
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| 21 | 21 | | Code, is amended by adding Section 17.475 to read as follows: |
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| 22 | 22 | | Sec. 17.475. CONFIDENTIALITY OF SETTLEMENT COMMUNICATIONS. |
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| 23 | 23 | | An attorney general settlement communication is privileged and not |
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| 24 | 24 | | subject to disclosure under Chapter 552, Government Code, from the |
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| 25 | 25 | | date the attorney general's investigation begins, as indicated in |
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| 26 | 26 | | the attorney general's case management records, until the earlier |
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| 27 | 27 | | of the date: |
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| 28 | 28 | | (1) the case is reported closed in the attorney |
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| 29 | 29 | | general's case management records; |
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| 30 | 30 | | (2) the final judgment, assurance of voluntary |
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| 31 | 31 | | compliance, or other settlement agreement is entered by the court, |
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| 32 | 32 | | and the period for filing a notice of appeal has passed; |
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| 33 | 33 | | (3) the settlement documents are executed by all |
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| 34 | 34 | | parties, if the documents are not filed in court; |
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| 35 | 35 | | (4) the order of dismissal or nonsuit disposing of all |
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| 36 | 36 | | parties is entered by the court; or |
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| 37 | 37 | | (5) all appeals are finalized. |
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| 38 | 38 | | SECTION 3. The change in law made by this Act applies only |
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| 39 | 39 | | to a request for public information received by the attorney |
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| 40 | 40 | | general under Chapter 552, Government Code, on or after the |
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| 41 | 41 | | effective date of this Act. |
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| 42 | 42 | | SECTION 4. This Act takes effect September 1, 2023. |
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