Bill Text: TX HB4899 | 2023-2024 | 88th Legislature | Introduced

Texas House Bill 4899

Introduced

Bill Title: Relating to disclosure under the public information law of settlement communications maintained by or on behalf of the attorney general as part of a deceptive trade practices investigation or action.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-23 - Referred to State Affairs [HB4899 Detail]

Download: Texas-2023-HB4899-Introduced.html

	88R5536 TJB-F

	By: Guillen	H.B. No. 4899



	A BILL TO BE ENTITLED
	AN ACT
	relating to disclosure under the public information law of
	settlement communications maintained by or on behalf of the
	attorney general as part of a deceptive trade practices
	investigation or action.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 17.45, Business & Commerce Code, is
	amended by adding Subdivision (18) to read as follows:
	(18) "Settlement communications" means documentary
	materials or information collected, assembled, drafted, developed,
	used, received, or maintained by or on behalf of the attorney
	general with respect to an investigation or litigation conducted
	under this subchapter and that reflects or is regarding
	negotiations made for the purpose of achieving a resolution of a
	matter without the need for continuing with litigation or trial.
	SECTION 2. Subchapter E, Chapter 17, Business & Commerce
	Code, is amended by adding Section 17.475 to read as follows:
	Sec. 17.475. CONFIDENTIALITY OF SETTLEMENT COMMUNICATIONS.
	An attorney general settlement communication is privileged and not
	subject to disclosure under Chapter 552, Government Code, from the
	date the attorney general's investigation begins, as indicated in
	the attorney general's case management records, until the earlier
	of the date:
	(1) the case is reported closed in the attorney
	general's case management records;
	(2) the final judgment, assurance of voluntary
	compliance, or other settlement agreement is entered by the court,
	and the period for filing a notice of appeal has passed;
	(3) the settlement documents are executed by all
	parties, if the documents are not filed in court;
	(4) the order of dismissal or nonsuit disposing of all
	parties is entered by the court; or
	(5) all appeals are finalized.
	SECTION 3. The change in law made by this Act applies only
	to a request for public information received by the attorney
	general under Chapter 552, Government Code, on or after the
	effective date of this Act.
	SECTION 4. This Act takes effect September 1, 2023.