| 1 | 1 | | 89R3592 TJB-F |
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| 2 | 2 | | By: Johnson S.B. No. 1291 |
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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 the authority of certain persons to bring an action for |
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| 10 | 10 | | declaratory judgment under the open meetings law or public |
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| 11 | 11 | | information law regarding compliance or action by a governmental |
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| 12 | 12 | | body. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Subchapter G, Chapter 551, Government Code, is |
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| 15 | 15 | | amended by adding Section 551.1425 to read as follows: |
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| 16 | 16 | | Sec. 551.1425. DECLARATORY JUDGMENT. (a) An interested |
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| 17 | 17 | | person, including a member of the news media, may bring an action |
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| 18 | 18 | | for declaratory judgment to: |
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| 19 | 19 | | (1) determine whether a governmental body has complied |
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| 20 | 20 | | with a provision of this chapter; or |
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| 21 | 21 | | (2) construe a provision of this chapter in connection |
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| 22 | 22 | | with a legal or factual position taken by the governmental body |
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| 23 | 23 | | concerning the provision. |
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| 24 | 24 | | (b) A court hearing an action under this section may award |
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| 25 | 25 | | costs and reasonable and necessary attorney's fees as provided by |
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| 26 | 26 | | Section 37.009, Civil Practice and Remedies Code. |
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| 27 | 27 | | SECTION 2. Subchapter H, Chapter 552, Government Code, is |
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| 28 | 28 | | amended by adding Section 552.3214 to read as follows: |
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| 29 | 29 | | Sec. 552.3214. DECLARATORY JUDGMENT. A requestor or the |
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| 30 | 30 | | attorney general may bring an action for declaratory judgment |
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| 31 | 31 | | involving a request for information made to a governmental body |
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| 32 | 32 | | under this chapter to determine: |
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| 33 | 33 | | (1) whether the governmental body has complied with a |
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| 34 | 34 | | provision of this chapter; or |
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| 35 | 35 | | (2) the accuracy of a legal or factual position taken |
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| 36 | 36 | | by the governmental body, including as part of: |
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| 37 | 37 | | (A) a determination of the estimated cost of |
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| 38 | 38 | | providing requested information; or |
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| 39 | 39 | | (B) a request for a decision from the attorney |
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| 40 | 40 | | general under Subchapter G. |
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| 41 | 41 | | SECTION 3. The heading to Section 552.3215, Government |
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| 42 | 42 | | Code, is amended to read as follows: |
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| 43 | 43 | | Sec. 552.3215. DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF |
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| 44 | 44 | | FOLLOWING COMPLAINT. |
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| 45 | 45 | | SECTION 4. Section 552.323, Government Code, is amended by |
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| 46 | 46 | | adding Subsection (c) to read as follows: |
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| 47 | 47 | | (c) A court hearing an action under Section 552.3214 or |
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| 48 | 48 | | 552.3215 may award costs and reasonable and necessary attorney's |
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| 49 | 49 | | fees as provided by Section 37.009, Civil Practice and Remedies |
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| 50 | 50 | | Code. |
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| 51 | 51 | | SECTION 5. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2025. |
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