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.