Texas House Bill HB2330

Texas 2025 - 89th Regular

• Filed: 2/3/25

Caption

Relating to creating a civil cause of action against a governmental entity for a violation of the public information law.

Impact

The implications of HB2330 are significant, as it amends the Government Code by adding a new section that directly addresses violations of public information requests. If enacted, this legislation would allow requestors who prevail in court to recover exemplary damages, capped at $200,000 per violation, in addition to reasonable attorney’s fees and court costs. This could create a more litigious environment where governmental entities might be held accountable through financial penalties for non-compliance with public information requests.

Summary

House Bill 2330 aims to establish a civil cause of action against governmental entities that violate Texas's public information laws. This bill empowers individuals who make information requests to sue government bodies for any documented infractions of the law, thereby enhancing transparency and accountability in public information management. By introducing the possibility for legal action, the bill aims to strengthen the public's right to access government-held information, thereby promoting open governance and responsiveness from state and local entities.

Contention

While supporters advocate for HB2330 as a tool to ensure governmental entities comply with transparency laws, there may be concerns regarding its potential consequences. Critics might argue that the bill could incentivize frivolous lawsuits against government bodies, creating a strain on state resources and potentially diverting attention from substantive issues of governance. Furthermore, the bill's provision for waiving sovereign immunity could raise questions regarding the protection of government employees acting in good faith when handling information requests.

Texas Constitutional Statutes Affected

Government Code

• Chapter 552. Public Information
  • Section: New Section