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  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.