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.