1. (a) An individual, corporation, or partnership that without lawful authority knowingly discloses to a member of the public the certified agenda or recording of a meeting that was lawfully closed to the public under this chapter:

   1. (1) commits an offense; and

   2. (2) is liable to a person injured or damaged by the disclosure for:

      1. (A) actual damages, including damages for personal injury or damage, lost wages, defamation, or mental or other emotional distress;
      2. (B) reasonable attorney fees and court costs; and
      3. (C) at the discretion of the trier of fact, exemplary damages.
2. (b) An offense under Subsection (a)(1) is a Class B misdemeanor.

3. (c) It is a defense to prosecution under Subsection (a)(1) and an affirmative defense to a civil action under Subsection (a)(2) that:

   1. (1) the defendant had good reason to believe the disclosure was lawful; or
   2. (2) the disclosure was the result of a mistake of fact concerning the nature or content of the certified agenda or recording.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Acts 2013, 83rd Leg., R.S., Ch. 87 (S.B. 471), Sec. 17, eff. May 18, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 87 (S.B. 471), Sec. 18, eff. May 18, 2013.