| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to actions involving the exercise of certain |
|
|
constitutional rights. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 27.001(2) and (6), Civil Practice and |
|
|
Remedies Code, are amended to read as follows: |
|
|
(2) "Exercise of the constitutional right to petition, |
|
|
speak freely, or associate freely [of association]" means the |
|
|
exercise of the right to petition, speak freely, or associate |
|
|
freely as those rights are: |
|
|
(A) provided by the constitutions of this state |
|
|
and the United States; and |
|
|
(B) applied by the courts of this state and the |
|
|
United States [a communication between individuals who join
|
|
|
together to collectively express, promote, pursue, or defend common
|
|
|
interests]. |
|
|
(6) "Legal action" means a lawsuit, cause of action, |
|
|
petition, complaint, cross-claim, or counterclaim or any other |
|
|
judicial pleading or filing that requests legal or equitable |
|
|
relief. The term does not include a motion made or procedural action |
|
|
taken during a suit that does not amend or add a claim for legal or |
|
|
equitable relief. |
|
|
SECTION 2. Section 27.003(a), Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
(a) If a legal action is based on, relates to, or is in |
|
|
response to a party's exercise of the constitutional right [of free
|
|
|
speech, right] to petition, speak freely, or associate freely in a |
|
|
place or context that is open to the public [right of association], |
|
|
that party may file a motion to dismiss the legal action. |
|
|
SECTION 3. Section 27.005(b), Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
(b) Except as provided by Subsection (c), on the motion of a |
|
|
party under Section 27.003, a court shall dismiss a legal action |
|
|
against the moving party if the moving party shows by a |
|
|
preponderance of the evidence that the legal action is based on, |
|
|
relates to, or is in response to the party's exercise of the |
|
|
constitutional right to petition, speak freely, or associate freely |
|
|
in a place or context that is open to the public[:
|
|
|
[(1) the right of free speech;
|
|
|
[(2) the right to petition; or
|
|
|
[(3) the right of association]. |
|
|
SECTION 4. Section 27.006(a), Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
(a) In determining whether a legal action should be |
|
|
dismissed under this chapter, the court shall consider admissible |
|
|
evidence submitted by the parties and the pleadings and supporting |
|
|
and opposing affidavits stating the facts on which the liability or |
|
|
defense is based. |
|
|
SECTION 5. Section 27.009, Civil Practice and Remedies |
|
|
Code, is amended by amending Subsection (a) and adding Subsection |
|
|
(a-1) to read as follows: |
|
|
(a) A [If the court orders dismissal of a legal action under
|
|
|
this chapter, the] court shall award [to the moving party:
|
|
|
[(1)] court costs, reasonable attorney's fees, and |
|
|
other expenses [incurred in defending against the legal action] as |
|
|
justice and equity may require to a moving or responding party that |
|
|
prevails on the matter of a motion to dismiss under Section 27.003. |
|
|
(a-1) If a court orders dismissal of a legal action under |
|
|
this chapter, the court may issue[; and
|
|
|
[(2)] sanctions against the responding party [who
|
|
|
brought the legal action] as the court determines sufficient to |
|
|
deter the party [who brought the legal action] from bringing |
|
|
similar actions described in this chapter. |
|
|
SECTION 6. Section 27.010, Civil Practice and Remedies |
|
|
Code, is amended by adding Subsections (e), (f), and (g) to read as |
|
|
follows: |
|
|
(e) This chapter does not apply to: |
|
|
(1) a suit for dissolution of a marriage; |
|
|
(2) a suit affecting the parent-child relationship; or |
|
|
(3) an application for a protective order under |
|
|
Chapters 82, 83, 84, and 85, Family Code. |
|
|
(f) This chapter does not apply to a suit for |
|
|
misappropriation of trade secrets. |
|
|
(g) This chapter does not apply to a suit for breach of a |
|
|
covenant not to compete. |
|
|
SECTION 7. Sections 27.001(1), (3), (4), (5), (7), (8), and |
|
|
(9) and 27.009(b), Civil Practice and Remedies Code, are repealed. |
|
|
SECTION 8. Chapter 27, Civil Practice and Remedies Code, as |
|
|
amended by this Act, applies only to an action filed on or after the |
|
|
effective date of this Act. An action filed before the effective |
|
|
date of this Act is governed by the law in effect immediately before |
|
|
that date, and that law is continued in effect for that purpose. |
|
|
SECTION 9. This Act takes effect September 1, 2019. |