Enrolled Bill Summary

            House Bill 2723 adds provisions to the Civil Practice and Remedies Code relating to civil actions involving a person who files a complaint with a governmental agency. The bill establishes that in a civil action filed against such a complainant by a person who may be adversely affected by the filing of the complaint, a complainant who makes a complaint in good faith is not liable for monetary damages arising from the complaint or subject to injunctive or declaratory relief with respect to the complaint.

            The bill requires the court to promptly grant summary judgment with respect to a claim if the complainant demonstrates that a complaint was made in good faith, or if the pleadings fail to allege a cause of action against the complainant or facts sufficient to rebut the presumption that the complaint was filed in good faith. On motion of the complainant, a court that grants the summary judgment is required to promptly hold a hearing on the claim.

            If the complainant established that the complaint was filed in good faith and that the person who sued the complainant has harassed or caused another person to harass the complainant, or brought the action in bad faith, the person who sued may be liable for certain damages, costs, and fees and subject to injunctive or declaratory relief. If the action is found to have been brought in bad faith, the bill provides that the person who sued and the person's attorney are jointly and severally liable for damages, and the attorney is also subject to discipline for professional misconduct and to suspension or disbarment for dishonorable conduct.