BILL ANALYSIS

C.S.H.B. 2770

By: DeAyala

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Some in the legal community have raised concerns about the unintended use of the Texas Citizen Participation Act (TCPA), also known as the Anti-SLAPP statute, in litigation involving the Election Code. The TCPA is intended to protect First Amendment rights, such as free speech, the right to petition, and the right of association. But raising the TCPA in a lawsuit that seeks to enforce the Election Code has the unintended result of delaying time-sensitive litigation for months and possibly even years. A suit to enforce the Election Code does not affect free speech, the right to petition, or the right of association. When a defendant invokes the TCPA, discovery is halted until the TCPA motion is ruled upon, and that ruling is subject to an immediate appeal during which the case is stayed, further delaying the underlying case without allowance for discovery. Even if the TCPA motion fails and is without merit, the defendant's objective is achieved as the underlying case is delayed for long periods of time. While practitioners have attempted to expand the use of the TCPA beyond its intended purpose, appellate courts have reined in some of these misuses, and applicable law has been modified over the years to exempt certain actions from the TCPA. C.S.H.B. 2770 seeks to expand these exemptions to include suits brought to enforce the Election Code so that trial courts can dispose of the improper use of the TCPA.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2770 amends the Civil Practice and Remedies Code to establish that provisions relating to expediated dismissal procedures for civil actions involving certain constitutional rights do not apply to a legal action brought under or to enforce a provision of the Election Code other than a provision of that code regulating political funds and campaigns.

C.S.H.B. 2770 applies only to an action commenced on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 2770 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Whereas the introduced established that provisions relating to expediated dismissal procedures for civil actions involving certain constitutional rights do not apply to a legal action authorized by, or to enforce any provision of, the Election Code, the substitute establishes that those provisions do not apply to a legal action brought under or to enforce a provision of the Election Code other than a provision regulating political funds and campaigns.

The substitute includes a provision absent from the introduced establishing that the bill's provisions apply only to an action commenced on or after the bill's effective date.