87R20481 SCL-D
 
  By: Wu, Leach, Schofield, Davis H.B. No. 4166
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to exemption of certain civil actions from being subject
  to a motion to dismiss on the basis of involving the exercise of
  certain constitutional rights.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 27.010(a), Civil Practice and Remedies
  Code, is amended to read as follows:
         (a)  This chapter does not apply to:
               (1)  an enforcement action that is brought in the name
  of this state or a political subdivision of this state by the
  attorney general, a district attorney, a criminal district
  attorney, or a county attorney;
               (2)  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;
               (3)  a legal action seeking recovery for bodily injury,
  wrongful death, or survival or to statements made regarding that
  legal action;
               (4)  a legal action brought under the Insurance Code or
  arising out of an insurance contract;
               (5)  a legal action arising from an officer-director,
  employee-employer, or independent contractor relationship that:
                     (A)  seeks recovery for misappropriation of trade
  secrets or corporate opportunities; or
                     (B)  seeks to enforce a non-disparagement
  agreement or a covenant not to compete;
               (6)  a legal action filed under Title 1, 2, 4, or 5,
  Family Code, or an application for a protective order under Chapter
  7A, Code of Criminal Procedure;
               (7)  a legal action brought under Chapter 17, Business &
  Commerce Code, other than an action governed by Section 17.49(a)
  of that chapter;
               (8)  a legal action in which a moving party raises a
  defense pursuant to Section 160.010, Occupations Code, Section
  161.033, Health and Safety Code, or the Health Care Quality
  Improvement Act of 1986 (42 U.S.C. 11101 et seq.);
               (9)  an eviction suit brought under Chapter 24,
  Property Code;
               (10)  a disciplinary action or disciplinary proceeding
  brought under Chapter 81, Government Code, or the Texas Rules of
  Disciplinary Procedure;
               (11)  a legal action brought under Chapter 554,
  Government Code; [or]
               (12)  a legal action based on a common law fraud claim;
  or
               (13)  a legal action based on a common law legal
  malpractice claim.
         SECTION 2.  Section 27.010(a), Civil Practice and Remedies
  Code, as amended by this Act, applies only to an action commenced on
  or after the effective date of this Act. An action commenced before
  the effective date of this Act is governed by the law applicable to
  the action immediately before the effective date of this Act, and
  that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2021.