By Hochberg                                            H.B. No. 845
       74R3053 DLF-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to suits for abuse of governmental proceedings.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Title 4, Civil Practice and Remedies Code, is
    1-5  amended by adding Chapter 83 to read as follows:
    1-6             CHAPTER 83.  SUITS FOR ABUSE OF GOVERNMENTAL
    1-7                              PROCEEDINGS
    1-8                   SUBCHAPTER A.  GENERAL PROVISIONS
    1-9        Sec. 83.001.  DEFINITIONS.  In this chapter:
   1-10              (1)  "Governmental proceeding" means a judicial,
   1-11  administrative, legislative, or other governmental proceeding.
   1-12              (2)  "Motion" means a motion to which this chapter
   1-13  applies as described by Section 83.002.
   1-14              (3)  "Moving party" means the party on whose behalf a
   1-15  motion is filed.
   1-16              (4)  "Respondent" means the party against whom a motion
   1-17  is filed.
   1-18        Sec. 83.002.  APPLICABILITY.  This chapter applies only to a
   1-19  motion to dispose of a claim, including a motion for summary
   1-20  judgment, a motion to dismiss or to strike pleadings, or a demurrer
   1-21  to the pleadings, in which the moving party alleges that:
   1-22              (1)  the claim is based on a position taken or
   1-23  statements made by the moving party in relation to a governmental
   1-24  proceeding; and
    2-1              (2)  the moving party's conduct was genuinely aimed at
    2-2  obtaining favorable governmental action.
    2-3            (Sections 83.003-83.010 reserved for expansion
    2-4                       SUBCHAPTER B.  PROCEDURES
    2-5        Sec. 83.011.  MOTION FOR SUMMARY JUDGMENT.  The court shall
    2-6  treat a motion as a motion for summary judgment.
    2-7        Sec. 83.012.  TIMELY HEARING.  The court shall hear a motion
    2-8  at the earliest practicable time.
    2-9        Sec. 83.013.  SUSPENSION OF DISCOVERY.  The court shall
   2-10  suspend discovery pending decision on a motion.
   2-11        Sec. 83.014.  BURDEN OF PROOF.  The responding party has the
   2-12  burden of going forward with the evidence and the burden of
   2-13  persuasion with respect to a motion.
   2-14        Sec. 83.015.  REQUIRED EVIDENCE.  The court shall grant a
   2-15  motion unless the responding party establishes, by clear and
   2-16  convincing evidence, that the moving party's conduct was not
   2-17  genuinely aimed at obtaining favorable governmental action.
   2-18        Sec. 83.016.  ATTORNEY'S FEES AND COSTS.  The court shall
   2-19  award a moving party who prevails in a motion reasonable attorney's
   2-20  fees and costs incurred in connection with the motion.
   2-21        Sec. 83.017.  GOVERNMENT PARTICIPATION IN SUIT.  (a)  The
   2-22  attorney general or an affected agency may intervene in a claim
   2-23  governed by this chapter to protect the rights of the moving party
   2-24  or the interests of the affected agency.
   2-25        (b)  In this section, "affected agency" means an agency of
   2-26  the legislative, judicial, or executive branch of government of any
   2-27  state, a political subdivision of any state, or the United States,
    3-1  to which the conduct of the moving party that is the basis for the
    3-2  claim was directed.
    3-3        Sec. 83.018.  APPEAL.  The appellate court shall expedite any
    3-4  appeal or other writ from a trial court order denying a motion or
    3-5  any mandamus brought to require the trial court to comply with
    3-6  Section 83.012.
    3-7            (Sections 83.019-83.020 reserved for expansion
    3-8                SUBCHAPTER C.  PRIVATE RIGHT OF ACTION
    3-9        Sec. 83.021.  LIABILITY FOR CLAIM.  (a)  A person who brings
   3-10  a claim is liable to a person harmed by the bringing of the claim
   3-11  if:
   3-12              (1)  the claim is based on a position taken or
   3-13  statements made by the injured person in relation to a governmental
   3-14  proceeding; and
   3-15              (2)  the injured person's conduct was genuinely aimed
   3-16  at obtaining favorable governmental action.
   3-17        (b)  In an action under this section, an injured party may
   3-18  obtain:
   3-19              (1)  actual damages incurred, including attorney's fees
   3-20  and costs incurred in defending the claim; and
   3-21              (2)  exemplary damages under Chapter 41.
   3-22        SECTION 2.  This Act takes effect September 1, 1995, and
   3-23  applies only to an action commenced on or after that date.  An
   3-24  action commenced before the effective date of this Act is governed
   3-25  by the law applicable to the action as it existed immediately
   3-26  before the effective date of this Act, and that law is continued in
   3-27  effect for that purpose.
    4-1        SECTION 3.  The importance of this legislation and the
    4-2  crowded condition of the calendars in both houses create an
    4-3  emergency and an imperative public necessity that the
    4-4  constitutional rule requiring bills to be read on three several
    4-5  days in each house be suspended, and this rule is hereby suspended.