89R3592 TJB-F
By: Johnson S.B. No. 1291
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain persons to bring an action for
declaratory judgment under the open meetings law or public
information law regarding compliance or action by a governmental
body.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 551, Government Code, is
amended by adding Section 551.1425 to read as follows:
Sec. 551.1425. DECLARATORY JUDGMENT. (a) An interested
person, including a member of the news media, may bring an action
for declaratory judgment to:
(1) determine whether a governmental body has complied
with a provision of this chapter; or
(2) construe a provision of this chapter in connection
with a legal or factual position taken by the governmental body
concerning the provision.
(b) A court hearing an action under this section may award
costs and reasonable and necessary attorney's fees as provided by
Section 37.009, Civil Practice and Remedies Code.
SECTION 2. Subchapter H, Chapter 552, Government Code, is
amended by adding Section 552.3214 to read as follows:
Sec. 552.3214. DECLARATORY JUDGMENT. A requestor or the
attorney general may bring an action for declaratory judgment
involving a request for information made to a governmental body
under this chapter to determine:
(1) whether the governmental body has complied with a
provision of this chapter; or
(2) the accuracy of a legal or factual position taken
by the governmental body, including as part of:
(A) a determination of the estimated cost of
providing requested information; or
(B) a request for a decision from the attorney
general under Subchapter G.
SECTION 3. The heading to Section 552.3215, Government
Code, is amended to read as follows:
Sec. 552.3215. DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF
FOLLOWING COMPLAINT.
SECTION 4. Section 552.323, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) A court hearing an action under Section 552.3214 or
552.3215 may award costs and reasonable and necessary attorney's
fees as provided by Section 37.009, Civil Practice and Remedies
Code.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.