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A BILL TO BE ENTITLED
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AN ACT
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relating to encouraging public participation by citizens by |
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protecting a person's right to petition, right of free speech, and |
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right of association. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Citizens |
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Participation Act. |
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SECTION 2. Subtitle B, Title 2, Civil Practice and Remedies |
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Code, is amended by adding Chapter 27 to read as follows: |
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CHAPTER 27. ACTIONS INVOLVING EXERCISE OF CERTAIN |
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CONSTITUTIONAL RIGHTS |
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Sec. 27.001. MOTION TO DISMISS. If a legal action is based |
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on, relates to, or is in response to a party's exercise of the right |
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of free speech, right to petition, or right of association, that |
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party may file a motion to dismiss the legal action. |
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Sec. 27.002. HEARING. A hearing on a motion under Section |
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27.001 must be set not later than the 30th day after the date of |
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service of the motion unless the docket conditions of the court |
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require a later hearing. |
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Sec. 27.003. RULING. The court must rule on a motion under |
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Section 27.001 not later than the 30th day following the date of the |
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hearing on the motion. |
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Sec. 27.004. EVIDENCE. In determining whether a legal |
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action should be dismissed under this chapter, the court shall |
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consider the pleadings and supporting and opposing affidavits |
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stating the facts on which the liability or defense is based. |
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Sec. 27.005. ADDITIONAL FINDINGS. At the request of a party |
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making a motion under Section 27.001, the court shall issue |
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findings regarding whether the legal action was brought to deter or |
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prevent the moving party from exercising constitutional rights. |
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Sec. 27.006. APPEAL. If a court does not rule on a motion to |
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dismiss under Section 27.001 in the time prescribed by Section |
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27.003, the motion is considered to have been denied by operation of |
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law and the moving party may appeal. |
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Sec. 27.007. DAMAGES AND COSTS. If the court orders |
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dismissal of a legal action under this chapter, the court shall |
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award to the moving party court costs, reasonable attorney's fees, |
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and other expenses incurred in defending against the legal action. |
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SECTION 3. The change in law made by this Act applies only |
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to a legal action filed on or after the effective date of this Act. |
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A legal action filed before the effective date of this Act is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |