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