Sec. 552.324. SUIT BY GOVERNMENTAL BODY. (a) The only suit a governmental body may file seeking to withhold information from a requestor is a suit that:
(1) is filed in a Travis County district court against the attorney general in accordance with Section 552.325; and
(2) seeks declaratory relief from compliance with a decision by the attorney general issued under Subchapter G.
(b) The governmental body must bring the suit not later than the 30th calendar day after the date the governmental body receives the decision of the attorney general determining that the requested information must be disclosed to the requestor. If the governmental body does not bring suit within that period, the governmental body shall comply with the decision of the attorney general. If a governmental body wishes to preserve an affirmative defense for its officer for public information as provided in Section 552.353(b)(3), suit must be filed within the deadline provided in Section 552.353(b)(3).
Added by Acts 1995, 74th Leg., ch. 578, Sec. 1, eff. Aug. 28, 1995; Acts 1995, 74th Leg., ch. 1035, Sec. 24, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 13.01, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1231, Sec. 9, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1319, Sec. 30, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1377 (S.B. 1182), Sec. 10, eff. September 1, 2009.
Structure Texas Statutes
Title 5 - Open Government; Ethics
Chapter 552 - Public Information
Subchapter H. Civil Enforcement
Section 552.321. Suit for Writ of Mandamus
Section 552.3215. Declaratory Judgment or Injunctive Relief
Section 552.322. Discovery of Information Under Protective Order Pending Final Determination
Section 552.3221. In Camera Inspection of Information
Section 552.323. Assessment of Costs of Litigation and Reasonable Attorney Fees
Section 552.324. Suit by Governmental Body
Section 552.325. Parties to Suit Seeking to Withhold Information
Section 552.326. Failure to Raise Exceptions Before Attorney General
Section 552.327. Dismissal of Suit Due to Requestor's Withdrawal or Abandonment of Request