H.B. No. 2935
 
 
 
 
AN ACT
  relating to a legal action involving the exercise of certain
  constitutional rights.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 27.004, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 27.004.  HEARING.  (a) A hearing on a motion under
  Section 27.003 must be set not later than the 60th [30th] day after
  the date of service of the motion unless the docket conditions of
  the court require a later hearing, upon a showing of good cause, or
  by agreement of the parties, but in no event shall the hearing occur
  more than 90 days after service of the motion under Section 27.003,
  except as provided by Subsection (c).
         (b)  In the event that the court cannot hold a hearing in the
  time required by Subsection (a), the court may take judicial notice
  that the court's docket conditions required a hearing at a later
  date, but in no event shall the hearing occur more than 90 days
  after service of the motion under Section 27.003, except as
  provided by Subsection (c).
         (c)  If the court allows discovery under Section 27.006(b),
  the court may extend the hearing date to allow discovery under that
  subsection, but in no event shall the hearing occur more than 120
  days after the service of the motion under Section 27.003.
         SECTION 2.  Section 27.005, Civil Practice and Remedies
  Code, is amended by adding Subsection (d) to read as follows:
         (d)  Notwithstanding the provisions of Subsection (c), the
  court shall dismiss a legal action against the moving party if the
  moving party establishes by a preponderance of the evidence each
  essential element of a valid defense to the nonmovant's claim.
         SECTION 3.  Section 27.010, Civil Practice and Remedies
  Code, is amended by amending Subsection (b) and adding Subsection
  (d) to read as follows:
         (b)  This chapter does not apply to a legal action brought
  against a person primarily engaged in the business of selling or
  leasing goods or services, if the statement or conduct arises out of
  the sale or lease of goods, services, or an insurance product,
  insurance services, or a commercial transaction in which the
  intended audience is an actual or potential buyer or customer.
         (d)  This chapter does not apply to a legal action brought
  under the Insurance Code or arising out of an insurance contract.
         
         SECTION 4.  Sections 51.014(a) and (b), Civil Practice and
  Remedies Code, are amended to read as follows:
         (a)  A person may appeal from an interlocutory order of a
  district court, county court at law, or county court that:
               (1)  appoints a receiver or trustee;
               (2)  overrules a motion to vacate an order that
  appoints a receiver or trustee;
               (3)  certifies or refuses to certify a class in a suit
  brought under Rule 42 of the Texas Rules of Civil Procedure;
               (4)  grants or refuses a temporary injunction or grants
  or overrules a motion to dissolve a temporary injunction as
  provided by Chapter 65;
               (5)  denies a motion for summary judgment that is based
  on an assertion of immunity by an individual who is an officer or
  employee of the state or a political subdivision of the state;
               (6)  denies a motion for summary judgment that is based
  in whole or in part upon a claim against or defense by a member of
  the electronic or print media, acting in such capacity, or a person
  whose communication appears in or is published by the electronic or
  print media, arising under the free speech or free press clause of
  the First Amendment to the United States Constitution, or Article
  I, Section 8, of the Texas Constitution, or Chapter 73;
               (7)  grants or denies the special appearance of a
  defendant under Rule 120a, Texas Rules of Civil Procedure, except
  in a suit brought under the Family Code;
               (8)  grants or denies a plea to the jurisdiction by a
  governmental unit as that term is defined in Section 101.001;
               (9)  denies all or part of the relief sought by a motion
  under Section 74.351(b), except that an appeal may not be taken from
  an order granting an extension under Section 74.351;
               (10)  grants relief sought by a motion under Section
  74.351(l); [or]
               (11)  denies a motion to dismiss filed under Section
  90.007; or
               (12)  denies a motion to dismiss filed under Section
  27.003.
         (b)  An interlocutory appeal under Subsection (a), other
  than an appeal under Subsection (a)(4), stays the commencement of a
  trial in the trial court pending resolution of the appeal. An
  interlocutory appeal under Subsection (a)(3), (5), [or] (8), or
  (12) also stays all other proceedings in the trial court pending
  resolution of that appeal.
         SECTION 5.  Section 27.008(c), Civil Practice and Remedies
  Code, is repealed.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2935 was passed by the House on May 2,
  2013, by the following vote:  Yeas 145, Nays 2, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2935 on May 24, 2013, by the following vote:  Yeas 135, Nays 3,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2935 was passed by the Senate, with
  amendments, on May 22, 2013, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor