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A BILL TO BE ENTITLED
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AN ACT
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relating to exemption of certain civil actions from being subject |
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to a motion to dismiss on the basis of involving the exercise of |
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certain constitutional rights. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 27.010(a) and (b), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(a) This chapter does not apply to: |
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(1) an enforcement action that is brought in the name |
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of this state or a political subdivision of this state by the |
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attorney general, a district attorney, a criminal district |
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attorney, or a county attorney; |
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(2) a legal action brought against a person primarily |
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engaged in the business of selling or leasing goods or services, if |
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the statement or conduct arises out of the sale or lease of goods, |
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services, or an insurance product, insurance services, or a |
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commercial transaction in which the intended audience is an actual |
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or potential buyer or customer; |
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(3) a legal action seeking recovery for bodily injury, |
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wrongful death, or survival or to statements made regarding that |
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legal action; |
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(4) a legal action brought under the Insurance Code or |
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arising out of an insurance contract; |
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(5) a legal action arising from an officer-director, |
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employee-employer, or independent contractor relationship that: |
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(A) seeks recovery for misappropriation of trade |
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secrets or corporate opportunities; or |
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(B) seeks to enforce a non-disparagement |
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agreement or a covenant not to compete; |
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(6) a legal action filed under Title 1, 2, 4, or 5, |
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Family Code, or an application for a protective order under |
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Subchapter A, Chapter 7B, Code of Criminal Procedure; |
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(7) a legal action brought under Chapter 17, Business & |
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Commerce Code, other than an action governed by Section 17.49(a) |
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of that chapter; |
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(8) a legal action in which a moving party raises a |
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defense pursuant to Section 160.010, Occupations Code, Section |
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161.033, Health and Safety Code, or the Health Care Quality |
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Improvement Act of 1986 (42 U.S.C. 11101 et seq.); |
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(9) an eviction suit brought under Chapter 24, |
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Property Code; |
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(10) a disciplinary action or disciplinary proceeding |
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brought under Chapter 81, Government Code, or the Texas Rules of |
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Disciplinary Procedure; |
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(11) a legal action brought under Chapter 554, |
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Government Code; [or] |
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(12) a legal action based on a common law fraud claim; |
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or |
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(13) a legal action brought under or to enforce a |
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provision of the Election Code other than a provision of Title 15 of |
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that code. |
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(b) Notwithstanding Subsections (a)(2), (7), [and] (12), |
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and (13), this chapter applies to: |
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(1) a legal action against a person arising from any |
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act of that person, whether public or private, related to the |
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gathering, receiving, posting, or processing of information for |
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communication to the public, whether or not the information is |
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actually communicated to the public, for the creation, |
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dissemination, exhibition, or advertisement or other similar |
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promotion of a dramatic, literary, musical, political, |
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journalistic, or otherwise artistic work, including audio-visual |
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work regardless of the means of distribution, a motion picture, a |
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television or radio program, or an article published in a |
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newspaper, website, magazine, or other platform, no matter the |
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method or extent of distribution; and |
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(2) a legal action against a person related to the |
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communication, gathering, receiving, posting, or processing of |
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consumer opinions or commentary, evaluations of consumer |
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complaints, or reviews or ratings of businesses. |
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SECTION 2. Sections 27.010(a) and (b), Civil Practice and |
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Remedies Code, as amended by this Act, apply only to an action |
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commenced on or after the effective date of this Act. An action |
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commenced before the effective date of this Act is governed by the |
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law applicable to the action immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |