Bill Text: TX SB988 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the assessment of litigation costs and attorney's fees in certain actions under the public information law.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB988 Detail]

Download: Texas-2019-SB988-Comm_Sub.html
 
 
  By: Watson S.B. No. 988
 
  (Capriglione)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the assessment of litigation costs and attorney's fees
  in certain actions under the public information law.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 552.323(b), Government Code, is amended
  to read as follows:
         (b)  In an action brought under Section 552.324, the court
  may not assess costs of litigation or [and] reasonable attorney's
  fees incurred by a plaintiff or defendant who substantially
  prevails unless the court finds the action or the defense of the
  action was groundless in fact or law.  In exercising its discretion
  under this subsection, the court shall consider whether the conduct
  of the governmental body had a reasonable basis in law and whether
  the litigation was brought in good faith.
         SECTION 2.  The change in law made by this Act applies only
  to an action brought on or after the effective date of this Act. An
  action brought before the effective date of this Act is governed by
  the law as it existed immediately before the effective date of this
  Act, and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2019.
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