Bill Text: TX HB2974 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to encouraging public participation by citizens by protecting a person's right to petition, right of free speech, and right of association.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-03-17 - Referred to Judiciary & Civil Jurisprudence [HB2974 Detail]
Download: Texas-2011-HB2974-Introduced.html
| 82R10462 CAE-D | ||
| By: Hunter | H.B. No. 2974 | |
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| relating to encouraging public participation by citizens by | ||
| protecting a person's right to petition, right of free speech, and | ||
| right of association. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act may be cited as the Citizens | ||
| Participation Act. | ||
| SECTION 2. Subtitle B, Title 2, Civil Practice and Remedies | ||
| Code, is amended by adding Chapter 27 to read as follows: | ||
| CHAPTER 27. ACTIONS INVOLVING EXERCISE OF CERTAIN | ||
| CONSTITUTIONAL RIGHTS | ||
| Sec. 27.001. MOTION TO DISMISS. If a legal action is based | ||
| on, relates to, or is in response to a party's exercise of the right | ||
| of free speech, right to petition, or right of association, that | ||
| party may file a motion to dismiss the legal action. | ||
| Sec. 27.002. HEARING. A hearing on a motion under Section | ||
| 27.001 must be set not later than the 30th day after the date of | ||
| service of the motion unless the docket conditions of the court | ||
| require a later hearing. | ||
| Sec. 27.003. RULING. The court must rule on a motion under | ||
| Section 27.001 not later than the 30th day following the date of the | ||
| hearing on the motion. | ||
| Sec. 27.004. EVIDENCE. In determining whether a legal | ||
| action should be dismissed under this chapter, the court shall | ||
| consider the pleadings and supporting and opposing affidavits | ||
| stating the facts on which the liability or defense is based. | ||
| Sec. 27.005. ADDITIONAL FINDINGS. At the request of a party | ||
| making a motion under Section 27.001, the court shall issue | ||
| findings regarding whether the legal action was brought to deter or | ||
| prevent the moving party from exercising constitutional rights. | ||
| Sec. 27.006. APPEAL. If a court does not rule on a motion to | ||
| dismiss under Section 27.001 in the time prescribed by Section | ||
| 27.003, the motion is considered to have been denied by operation of | ||
| law and the moving party may appeal. | ||
| Sec. 27.007. DAMAGES AND COSTS. If the court orders | ||
| dismissal of a legal action under this chapter, the court shall | ||
| award to the moving party court costs, reasonable attorney's fees, | ||
| and other expenses incurred in defending against the legal action. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to a legal action filed on or after the effective date of this Act. | ||
| A legal 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 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
