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            |  | A BILL TO BE ENTITLED | 
         
            |  | AN ACT | 
         
            |  | relating to helping ensure the timely enforcement of the Texas | 
         
            |  | Election Code. | 
         
            |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
            |  | SECTION 1.  Section 27.010 of the Civil Practice and | 
         
            |  | Remedies Code is amended to read as follows: | 
         
            |  | Sec. 27.010.  EXEMPTIONS.  (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 Subchapter A, | 
         
            |  | Chapter 7B, 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; | 
         
            |  | (12)  a legal action authorized by, or to enforce any | 
         
            |  | provision of, the Election Code; or | 
         
            |  | (12)(13)  a legal action based on a common law fraud claim. | 
         
            |  | (b)  Notwithstanding Subsections (a)(2), (7), and (12), this | 
         
            |  | chapter applies to: | 
         
            |  | (1) a legal action against a person arising from any act of | 
         
            |  | that person, whether public or private, related to the gathering, | 
         
            |  | receiving, posting, or processing of information for communication | 
         
            |  | to the public, whether or not the information is actually | 
         
            |  | communicated to the public, for the creation, dissemination, | 
         
            |  | exhibition, or advertisement or other similar promotion of a | 
         
            |  | dramatic, literary, musical, political, journalistic, or otherwise | 
         
            |  | artistic work, including audio-visual work regardless of the means | 
         
            |  | of distribution, a motion picture, a television or radio program, | 
         
            |  | or an article published in a newspaper, website, magazine, or other | 
         
            |  | platform, no matter the method or extent of distribution; and | 
         
            |  | (2)  a legal action against a person related to the | 
         
            |  | communication, gathering, receiving, posting, or processing of | 
         
            |  | consumer opinions or commentary, evaluations of consumer | 
         
            |  | complaints, or reviews or ratings of businesses. | 
         
            |  | (c)  This chapter applies to a legal action against a victim | 
         
            |  | or alleged victim of family violence or dating violence as defined | 
         
            |  | in Chapter 71, Family Code, or an offense under Chapter 20, 20A, 21, | 
         
            |  | or 22, Penal Code, based on or in response to a public or private | 
         
            |  | communication. | 
         
            |  | SECTION 2.  This Act takes effect September 1, 2023. |