By: Hochberg H.B. No. 726 73R1468 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to summary judgment in suits for abuse of governmental 1-3 proceedings. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 4, Civil Practice and Remedies Code, is 1-6 amended by adding Chapter 82 to read as follows: 1-7 CHAPTER 82. SUMMARY JUDGMENT IN SUITS FOR ABUSE OF GOVERNMENTAL 1-8 PROCEEDINGS 1-9 Sec. 82.001. DEFINITIONS. In this chapter: 1-10 (1) "Governmental proceeding" means a judicial, 1-11 administrative, legislative, or other governmental proceeding. 1-12 (2) "Moving party" means the party moving for summary 1-13 judgment under this chapter. 1-14 (3) "Respondent" means the party against whom summary 1-15 judgment under this chapter is sought. 1-16 Sec. 82.002. APPLICABILITY. This chapter applies only to a 1-17 motion for summary judgment in which the moving party alleges that 1-18 the cause of action: 1-19 (1) is based on a position taken or statements made by 1-20 the moving party in relation to a governmental proceeding; and 1-21 (2) is barred because the conduct complained of is 1-22 protected by the right to petition the government for redress of 1-23 grievances guaranteed by the First Amendment of the United States 1-24 Constitution or by Article I, Section 27, of the Texas 2-1 Constitution. 2-2 Sec. 82.003. SUMMARY JUDGMENT. (a) A court shall grant a 2-3 motion for summary judgment governed by this chapter if the 2-4 respondent fails to produce substantial evidence that would permit 2-5 the court to reasonably conclude that: 2-6 (1) the position taken or statements made by the 2-7 moving party in relation to the governmental proceeding did not 2-8 have a basis in fact or, if the position taken or statements made 2-9 did have a basis in fact, lacked any basis in law; 2-10 (2) the primary purpose for the moving party's actions 2-11 in relation to the governmental proceedings was to harass the 2-12 respondent or otherwise wrongfully injure the respondent; and 2-13 (3) the moving party's actions in relation to the 2-14 governmental proceedings injured the respondent. 2-15 (b) The court shall award a moving party who prevails in a 2-16 summary judgment motion under this chapter reasonable and necessary 2-17 attorney's fees and costs associated with bringing the summary 2-18 judgment motion. 2-19 Sec. 82.004. RECOVERY FOR FRIVOLOUS ACTION. (a) A moving 2-20 party may petition the court for damages under this section in 2-21 conjunction with a motion for summary judgment governed by this 2-22 chapter. 2-23 (b) If a summary judgment is granted under this chapter, and 2-24 the moving party demonstrates that the respondent brought the cause 2-25 of action to harass or otherwise wrongfully injure the moving 2-26 party, or to inhibit the moving party's participation in a 2-27 governmental proceeding, the court shall award the moving party 3-1 actual damages, and may award the moving party exemplary damages 3-2 under Chapter 41. 3-3 SECTION 2. This Act takes effect September 1, 1993, and 3-4 applies only to a cause of action filed on or after that date. An 3-5 action filed before the effective date of this Act is governed by 3-6 the law in effect immediately before the effective date of this 3-7 Act, and that law is continued in effect for that purpose. 3-8 SECTION 3. The importance of this legislation and the 3-9 crowded condition of the calendars in both houses create an 3-10 emergency and an imperative public necessity that the 3-11 constitutional rule requiring bills to be read on three several 3-12 days in each house be suspended, and this rule is hereby suspended.