| 1 | 1 | | 89R3882 MCK-D |
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| 2 | 2 | | By: Hopper H.B. No. 2330 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to creating a civil cause of action against a governmental |
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| 10 | 10 | | entity for a violation of the public information law. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter H, Chapter 552, Government Code, is |
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| 13 | 13 | | amended by adding Section 552.328 to read as follows: |
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| 14 | 14 | | Sec. 552.328. CIVIL CAUSE OF ACTION. (a) In addition to |
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| 15 | 15 | | the other civil actions provided by this subchapter, a requestor |
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| 16 | 16 | | may bring a civil action for damages against a governmental body |
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| 17 | 17 | | that violates this chapter. |
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| 18 | 18 | | (b) A requestor who prevails in an action brought under this |
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| 19 | 19 | | section is entitled to obtain: |
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| 20 | 20 | | (1) exemplary damages in an amount not to exceed |
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| 21 | 21 | | $200,000 for each violation; and |
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| 22 | 22 | | (2) reasonable attorney's fees and court costs. |
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| 23 | 23 | | (c) Sovereign immunity of this state and governmental |
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| 24 | 24 | | immunity of a local entity to suit and from liability is waived to |
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| 25 | 25 | | the extent of liability created by this section. |
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| 26 | 26 | | SECTION 2. Section 552.328, Government Code, as added by |
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| 27 | 27 | | this Act, applies only to a violation of Chapter 552, Government |
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| 28 | 28 | | Code, relating to a request for information that is received by a |
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| 29 | 29 | | governmental body or an officer for public information on or after |
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| 30 | 30 | | the effective date of this Act. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2025. |
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