Bill Text: TX HB2730 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to civil actions involving the exercise of certain constitutional rights.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2019-06-02 - Effective on 9/1/19 [HB2730 Detail]
Download: Texas-2019-HB2730-Comm_Sub.html
Bill Title: Relating to civil actions involving the exercise of certain constitutional rights.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2019-06-02 - Effective on 9/1/19 [HB2730 Detail]
Download: Texas-2019-HB2730-Comm_Sub.html
By: Leach, et al. (Senate Sponsor - Hughes) | H.B. No. 2730 | |
(In the Senate - Received from the House May 1, 2019; | ||
May 1, 2019, read first time and referred to Committee on State | ||
Affairs; May 14, 2019, reported favorably by the following vote: | ||
Yeas 9, Nays 0; May 14, 2019, sent to printer.) | ||
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relating to civil 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), (6), and (7), Civil Practice | ||
and Remedies Code, are amended to read as follows: | ||
(2) "Exercise of the right of association" means to [ |
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collectively express, promote, pursue, or defend common interests | ||
relating to a governmental proceeding or a matter of public | ||
concern. | ||
(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, declaratory, or | ||
equitable relief. The term does not include: | ||
(A) a procedural action taken or motion made in | ||
an action that does not amend or add a claim for legal, equitable, | ||
or declaratory relief; | ||
(B) alternative dispute resolution proceedings; | ||
or | ||
(C) post-judgment enforcement actions. | ||
(7) "Matter of public concern" means a statement or | ||
activity regarding: | ||
(A) a public official, public figure, or other | ||
person who has drawn substantial public attention due to the | ||
person's official acts, fame, notoriety, or celebrity; | ||
(B) a matter of political, social, or other | ||
interest to the community; or | ||
(C) a subject of concern to the public [ |
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SECTION 2. Section 27.003, Civil Practice and Remedies | ||
Code, is amended by amending Subsections (a) and (b) and adding | ||
Subsections (d) and (e) to read as follows: | ||
(a) If a legal action is based on[ |
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response to a party's exercise of the right of free speech, right to | ||
petition, or right of association or arises from any act of that | ||
party in furtherance of the party's communication or conduct | ||
described by Section 27.010(b), that party may file a motion to | ||
dismiss the legal action. A party under this section does not | ||
include a government entity, agency, or an official or employee | ||
acting in an official capacity. | ||
(b) A motion to dismiss a legal action under this section | ||
must be filed not later than the 60th day after the date of service | ||
of the legal action. The parties, upon mutual agreement, may | ||
extend the time to file a motion under this section or the court may | ||
extend the time to file a motion under this section on a showing of | ||
good cause. | ||
(d) The moving party shall provide written notice of the | ||
date and time of the hearing under Section 27.004 not later than 21 | ||
days before the date of the hearing unless otherwise provided by | ||
agreement of the parties or an order of the court. | ||
(e) A party responding to the motion to dismiss shall file | ||
the response, if any, not later than seven days before the date of | ||
the hearing on the motion to dismiss unless otherwise provided by an | ||
agreement of the parties or an order of the court. | ||
SECTION 3. Sections 27.005(a), (b), and (d), Civil Practice | ||
and Remedies Code, are amended to read as follows: | ||
(a) The court must rule on a motion under Section 27.003 not | ||
later than the 30th day following the date [ |
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motion concludes. | ||
(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 demonstrates [ |
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(1) the party's exercise of: | ||
(A) [ |
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(B) [ |
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(C) [ |
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(2) the act of a party described by Section 27.010(b). | ||
(d) Notwithstanding the provisions of Subsection (c), the | ||
court shall dismiss a legal action against the moving party if the | ||
moving party establishes an affirmative defense or other grounds on | ||
which the moving party is entitled to judgment as a matter of law | ||
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SECTION 4. The heading to Section 27.006, Civil Practice | ||
and Remedies Code, is amended to read as follows: | ||
Sec. 27.006. PROOF [ |
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SECTION 5. Section 27.006(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) In determining whether a legal action is subject to or | ||
should be dismissed under this chapter, the court shall consider | ||
the pleadings, evidence a court could consider under Rule 166a, | ||
Texas Rules of Civil Procedure, and supporting and opposing | ||
affidavits stating the facts on which the liability or defense is | ||
based. | ||
SECTION 6. Section 27.007(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) If the court awards sanctions under Section 27.009(b) | ||
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the court shall issue findings regarding whether the legal action | ||
was brought to deter or prevent the moving party from exercising | ||
constitutional rights and is brought for an improper purpose, | ||
including to harass or to cause unnecessary delay or to increase the | ||
cost of litigation. | ||
SECTION 7. Chapter 27, Civil Practice and Remedies Code, is | ||
amended by adding Section 27.0075 to read as follows: | ||
Sec. 27.0075. EFFECT OF RULING. Neither the court's ruling | ||
on the motion nor the fact that it made such a ruling shall be | ||
admissible in evidence at any later stage of the case, and no burden | ||
of proof or degree of proof otherwise applicable shall be affected | ||
by the ruling. | ||
SECTION 8. Section 27.009, Civil Practice and Remedies | ||
Code, is amended by amending Subsection (a) and adding Subsection | ||
(c) to read as follows: | ||
(a) Except as provided by Subsection (c), if [ |
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orders dismissal of a legal action under this chapter, the court | ||
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(1) shall award to the moving party court costs and [ |
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reasonable attorney's fees[ |
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defending against the legal action [ |
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(2) may award to the moving party sanctions against | ||
the 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. | ||
(c) If the court orders dismissal of a compulsory | ||
counterclaim under this chapter, the court may award to the moving | ||
party reasonable attorney's fees incurred in defending against the | ||
counterclaim if the court finds that the counterclaim is frivolous | ||
or solely intended for delay. | ||
SECTION 9. Section 27.010, 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) [ |
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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) [ |
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recovery for bodily injury, wrongful death, or survival or to | ||
statements made regarding that legal action; | ||
(4) [ |
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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. | ||
(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 10. If any provision of this Act or its application | ||
to any person or circumstance is held invalid, the invalidity does | ||
not affect other provisions or applications of this Act that can be | ||
given effect without the invalid provision or application, and to | ||
this end the provisions of this Act are declared to be severable. | ||
SECTION 11. 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 12. This Act takes effect September 1, 2019. | ||
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