Bill Text: TX HB2783 | 2017-2018 | 85th 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 fees in certain lawsuits under the public information law.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [HB2783 Detail]
Download: Texas-2017-HB2783-Comm_Sub.html
Bill Title: Relating to the assessment of litigation costs and attorney fees in certain lawsuits under the public information law.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [HB2783 Detail]
Download: Texas-2017-HB2783-Comm_Sub.html
By: Smithee (Senate Sponsor - Watson) | H.B. No. 2783 | |
(In the Senate - Received from the House May 3, 2017; | ||
May 4, 2017, read first time and referred to Committee on Business & | ||
Commerce; May 15, 2017, reported favorably by the following vote: | ||
Yeas 9, Nays 0; May 15, 2017, sent to printer.) | ||
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relating to the assessment of litigation costs and attorney fees in | ||
certain lawsuits under the public information law. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 552.323(a), Government Code, is amended | ||
to read as follows: | ||
(a) In an action brought under Section 552.321 or 552.3215, | ||
the court shall assess costs of litigation and reasonable attorney | ||
fees incurred by a plaintiff who substantially prevails or may | ||
assess costs of litigation and reasonable attorney fees incurred by | ||
a plaintiff to whom a governmental body voluntarily releases the | ||
requested information after filing an answer to the suit, except | ||
that the court may not assess those costs and fees against a | ||
governmental body if the court finds that the governmental body | ||
acted in reasonable reliance on: | ||
(1) a judgment or an order of a court applicable to the | ||
governmental body; | ||
(2) the published opinion of an appellate court; or | ||
(3) a written decision of the attorney general, | ||
including a decision issued under Subchapter G or an opinion issued | ||
under Section 402.042. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a suit filed on or after the effective date of this Act. A suit | ||
filed before the effective date of this Act is governed by the law | ||
in effect 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, 2017. | ||
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