2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter H. Civil Enforcement › Section 552.3215. Declaratory Judgment or Injunctive Relief

Sec. 552.3215.  DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF.  (a)  In this section:
(1)  "Complainant" means a person who claims to be the victim of a violation of this chapter.
(2)  "State agency" means a board, commission, department, office, or other agency that:
(A)  is in the executive branch of state government;
(B)  was created by the constitution or a statute of this state;  and
(C)  has statewide jurisdiction.
(b)  An action for a declaratory judgment or injunctive relief may be brought in accordance with this section against a governmental body that violates this chapter.
(c)  The district or county attorney for the county in which a governmental body other than a state agency is located or the attorney general may bring the action in the name of the state only in a district court for that county.  If the governmental body extends into more than one county, the action may be brought only in the county in which the administrative offices of the governmental body are located.
(d)  If the governmental body is a state agency, the Travis County district attorney or the attorney general may bring the action in the name of the state only in a district court of Travis County.
(e)  A complainant may file a complaint alleging a violation of this chapter.  The complaint must be filed with the district or county attorney of the county in which the governmental body is located unless the governmental body is the district or county attorney.  If the governmental body extends into more than one county, the complaint must be filed with the district or county attorney of the county in which the administrative offices of the governmental body are located.  If the governmental body is a state agency, the complaint may be filed with the Travis County district attorney.  If the governmental body is the district or county attorney, the complaint must be filed with the attorney general.  To be valid, a complaint must:
(1)  be in writing and signed by the complainant;
(2)  state the name of the governmental body that allegedly committed the violation, as accurately as can be done by the complainant;
(3)  state the time and place of the alleged commission of the violation, as definitely as can be done by the complainant;  and
(4)  in general terms, describe the violation.
(f)  A district or county attorney with whom the complaint is filed shall indicate on the face of the written complaint the date the complaint is filed.
(g)  Before the 31st day after the date a complaint is filed under Subsection (e), the district or county attorney shall:
(1)  determine whether:
(A)  the violation alleged in the complaint was committed;  and
(B)  an action will be brought against the governmental body under this section;  and
(2)  notify the complainant in writing of those determinations.
(h)  Notwithstanding Subsection (g)(1), if the district or county attorney believes that that official has a conflict of interest that would preclude that official from bringing an action under this section against the governmental body complained of, before the 31st day after the date the complaint was filed the county or district attorney shall inform the complainant of that official's belief and of the complainant's right to file the complaint with the attorney general.  If the district or county attorney determines not to bring an action under this section, the district or county attorney shall:
(1)  include a statement of the basis for that determination;  and
(2)  return the complaint to the complainant.
(i)  If the district or county attorney determines not to bring an action under this section, the complainant is entitled to file the complaint with the attorney general before the 31st day after the date the complaint is returned to the complainant.  A complainant is entitled to file a complaint with the attorney general on or after the 90th day after the date the complainant files the complaint with a district or county attorney if the district or county attorney has not brought an action under this section. On receipt of the written complaint, the attorney general shall comply with each requirement in Subsections (g) and (h) in the time required by those subsections.  If the attorney general decides to bring an action under this section against a governmental body located only in one county in response to the complaint, the attorney general must comply with Subsection (c).
(j)  An action may be brought under this section only if the official proposing to bring the action notifies the governmental body in writing of the official's determination that the alleged violation was committed and the governmental body does not cure the violation before the fourth day after the date the governmental body receives the notice.
(k)  An action authorized by this section is in addition to any other civil, administrative, or criminal action provided by this chapter or another law.
Added by Acts 1999, 76th Leg., ch. 1319, Sec. 28, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 894 (H.B. 3107), Sec. 4, eff. September 1, 2017.