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.