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
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) | ||
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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 [ |
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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. |