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.