By Raymond H.B. No. 2968
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to harassment of persons making complaints with
1-3 governmental agencies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 6, Civil Practice and Remedies Code, is
1-6 amended by adding Chapter 138 to read as follows:
1-7 CHAPTER 138. HARASSMENT OF PERSONS MAKING COMPLAINTS WITH
1-8 GOVERNMENTAL AGENCIES
1-9 Sec. 138.001. DEFINITIONS. In this chapter:
1-10 (1) "Claimant" means a party, including a plaintiff,
1-11 counterclaimant, cross-claimant, or third-party claimant, seeking
1-12 recovery of damages.
1-13 (2) "Complaint" means a written or oral statement made
1-14 to a governmental agency or complaint intake organization.
1-15 (3) "Complaint intake organization" means a person
1-16 who, at the request of or under an agreement with a governmental
1-17 agency, receives or reviews complaints for the agency.
1-18 (4) "Defendant" means a party, including a
1-19 counterdefendant, cross-defendant, or third-party defendant, from
1-20 whom a claimant seeks damages.
1-21 (5) "Exemplary damages" has the meaning assigned by
1-22 Section 41.001.
1-23 (6) "Governmental agency" means an institution,
2-1 agency, or organ of government established by the constitution or
2-2 laws of this state, another state of the United States, or the
2-3 United States, including a department, bureau, board, commission,
2-4 office, or council. The term includes a law enforcement agency.
2-5 Sec. 138.002. EXEMPLARY DAMAGES AUTHORIZED. (a) A court
2-6 may award exemplary damages to a claimant in a suit if the claimant
2-7 demonstrates, by a preponderance of the evidence, that:
2-8 (1) the claimant made a good faith complaint that
2-9 adversely affected the defendant;
2-10 (2) the defendant committed tortious conduct against
2-11 the claimant; and
2-12 (3) the defendant's tortious conduct was committed to:
2-13 (A) harass or intimidate the claimant in
2-14 relation to the claimant making the complaint; or
2-15 (B) obtain the withdrawal of the complaint.
2-16 (b) A complaint is made in good faith if the person making
2-17 the complaint had:
2-18 (1) any reasonable basis in fact for making the
2-19 complaint; and
2-20 (2) a reason to believe that the governmental agency
2-21 or complaint intake organization to which the complaint was made
2-22 had jurisdiction over the subject matter of the complaint.
2-23 Sec. 138.003. APPLICATION OF OTHER LAW. Sections 41.004 and
2-24 41.007 do not apply to an award of exemplary damages under this
2-25 chapter.
3-1 SECTION 2. This Act takes effect September 1, 1995, and
3-2 applies only to a suit seeking damages for tortious conduct if the
3-3 conduct occurs after that date. A suit seeking damages for
3-4 tortious conduct that occurs before the effective date of this Act
3-5 is governed by the law applicable to the conduct immediately before
3-6 the effective date of this Act, and that law is continued in effect
3-7 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.