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A BILL TO BE ENTITLED
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AN ACT
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relating to certain civil actions against persons who file |
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complaints with governmental agencies or quasi-governmental |
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entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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amended by adding Chapter 140 to read as follows: |
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CHAPTER 140. CIVIL ACTIONS AGAINST PERSONS FILING COMPLAINTS WITH |
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GOVERNMENTAL AGENCIES OR QUASI-GOVERNMENTAL ENTITIES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 140.001. DEFINITIONS. In this chapter: |
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(1) "Claimant" means a person who files a civil action |
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described by Section 140.002(a) against a complainant. |
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(2) "Complainant" means a person who makes a complaint |
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or who communicates information relevant to a complaint. |
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(3) "Complaint" means a written or oral statement, |
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report, or other communication made to or kept by a governmental |
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agency or quasi-governmental entity that is or may be subject to |
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formal action by the agency or entity. |
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(4) "Governmental agency" means: |
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(A) this state, another state of the United |
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States, or the United States; |
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(B) any court, institution, agency, political |
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subdivision, or organ of government established by the constitution |
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or laws of this state, of another state of the United States, or of |
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the United States, including a department, bureau, board, |
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commission, office, or council; or |
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(C) a law enforcement agency. |
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(5) "Quasi-governmental entity" means a person who, |
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under law or under a formal or informal request by, agreement with, |
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delegation of authority by, or rule adopted by a governmental |
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agency: |
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(A) receives or reviews complaints for the |
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agency; or |
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(B) performs a function of the agency. |
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Sec. 140.002. APPLICABILITY. (a) This chapter applies |
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only to a civil action filed against a complainant that: |
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(1) is filed by or on behalf of a person who may be |
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adversely affected by the filing of the complaint; and |
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(2) alleges that the contents of or the filing of the |
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complaint constitutes a basis for relief, including a claim |
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alleging that the contents of the complaint constitute libel or |
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slander. |
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(b) Notwithstanding Subsection (a), this chapter does not |
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apply to a civil action if: |
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(1) the complaint is confidential by other law and not |
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a public record available to a member of the public who is not |
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affected by the complaint and the complainant communicated the |
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contents of the complaint to a person other than to the governmental |
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agency or quasi-governmental entity that initially received or |
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reviewed the complaint; or |
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(2) the complainant is an employee or former employee |
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of the person who is the subject of the complaint. |
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(c) This chapter does not create or authorize a cause of |
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action against a governmental agency, a quasi-governmental entity, |
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or an officer, agent, or employee of a governmental agency or |
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quasi-governmental entity acting in the course and scope of the |
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person's duties or employment. Notwithstanding Chapter 104, the |
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state is not liable for indemnification of a person for damages |
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arising under this chapter. |
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[Sections 140.003-140.050 reserved for expansion] |
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SUBCHAPTER B. FILING OF ACTION |
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Sec. 140.051. TIME FOR FILING. A person may not file a |
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civil action asserting a cause of action to which this chapter |
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applies before the agency or entity with which the complaint is |
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filed takes final action on the complaint that is the basis of the |
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cause of action, including a statement to the claimant that the |
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agency or entity will not take action on the complaint. |
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Sec. 140.052. ABATEMENT OF ACTION. On the motion of a |
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complainant against whom a civil action asserting a cause of action |
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to which this chapter applies is filed, the court shall determine |
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whether the final action described by Section 140.051 has occurred. |
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If the court determines that the final action has not occurred, the |
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court shall abate the civil action until the claimant demonstrates |
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that the final action described by Section 140.051 has occurred. |
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Sec. 140.053. STATUTE OF LIMITATIONS; TOLLING. The statute |
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of limitations for filing a civil action asserting a cause of action |
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to which this chapter applies is tolled from the time the complaint |
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is filed until the final action described by Section 140.051 |
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occurs. |
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SECTION 2. This Act applies only to a civil action asserting |
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a cause of action described by Section 140.002, Civil Practice and |
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Remedies Code, as added by this Act, filed on or after the effective |
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date of this Act. A civil action filed before the effective date of |
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this Act is governed by the law applicable to the action immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |