bill lets reporters sue over open meetings and records

The text as introduced · 391 words

89R3592 TJB-F

By: Bryant
H.B. No. 5585

A BILL TO BE ENTITLED

AN ACT

relating to the authority of certain persons to bring an action for

declaratory judgment under the open meetings law or public

information law regarding compliance or action by a governmental

body.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter G, Chapter 551, Government Code, is

amended by adding Section 551.1425 to read as follows:

Sec. 551.1425. DECLARATORY JUDGMENT. (a) An interested

person, including a member of the news media, may bring an action

for declaratory judgment to:

(1) determine whether a governmental body has complied

with a provision of this chapter; or

(2) construe a provision of this chapter in connection

with a legal or factual position taken by the governmental body

concerning the provision.

(b) A court hearing an action under this section may award

costs and reasonable and necessary attorney's fees as provided by

Section 37.009, Civil Practice and Remedies Code.

SECTION 2. Subchapter H, Chapter 552, Government Code, is

amended by adding Section 552.3214 to read as follows:

Sec. 552.3214. DECLARATORY JUDGMENT. A requestor or the

attorney general may bring an action for declaratory judgment

involving a request for information made to a governmental body

under this chapter to determine:

(1) whether the governmental body has complied with a

provision of this chapter; or

(2) the accuracy of a legal or factual position taken

by the governmental body, including as part of:

(A) a determination of the estimated cost of

providing requested information; or

(B) a request for a decision from the attorney

general under Subchapter G.

SECTION 3. The heading to Section 552.3215, Government

Code, is amended to read as follows:

Sec. 552.3215. DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF

FOLLOWING COMPLAINT .

SECTION 4. Section 552.323, Government Code, is amended by

adding Subsection (c) to read as follows:

(c) A court hearing an action under Section 552.3214 or

552.3215 may award costs and reasonable and necessary attorney's

fees as provided by Section 37.009, Civil Practice and Remedies

Code.

SECTION 5. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.