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.