By: DeAyala H.B. No. 2770
 
 
 
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.