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.