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A BILL TO BE ENTITLED
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AN ACT
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relating to civil actions involving the exercise of certain |
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constitutional rights. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 27.001(2) and (6), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(2) "Exercise of the right of association" means a |
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communication between individuals who join together to |
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collectively express, promote, pursue, or defend common interests. |
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The term does not include a communication that is the basis of a |
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claim asserting a misappropriation of a trade secret or a breach of |
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a covenant not to compete. |
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(6) "Legal action" means a lawsuit, cause of action, |
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petition, complaint, cross-claim, or counterclaim or any other |
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judicial pleading or filing that requests legal, [or] equitable, or |
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declaratory relief. |
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SECTION 2. The heading to Section 27.003, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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Sec. 27.003. MOTION TO DISMISS; RESPONSE. |
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SECTION 3. Section 27.003, Civil Practice and Remedies |
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Code, is amended by amending Subsections (a) and (b) and adding |
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Subsections (d) and (e) to read as follows: |
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(a) Except as provided by this subsection, if [If] a legal |
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action is based on, relates to, or is in response to a party's |
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exercise of the right of free speech, right to petition, or right of |
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association, that party may file a motion to dismiss the legal |
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action. A party that is a governmental entity or governmental |
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official or employee acting in an official capacity may not file a |
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motion to dismiss under this subsection. |
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(b) A motion to dismiss a legal action under this section |
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must be filed not later than the 60th day after the date of service |
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of the legal action. The parties may agree to extend the time to |
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file a motion under this section, or the court may extend the time |
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to file a motion under this section on a showing of good cause. |
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(d) The moving party shall provide a nonmoving party written |
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notice of the date and time of the hearing on the motion to dismiss |
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not later than the 14th day before the date of the hearing unless |
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otherwise provided by an agreement of the parties or an order of the |
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court. |
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(e) A party responding to the motion to dismiss shall file |
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the response not later than the seventh day before the date of the |
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hearing on the motion to dismiss unless otherwise provided by an |
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agreement of the parties or an order of the court. |
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SECTION 4. Sections 27.005(a) and (d), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(a) The court must rule on a motion under Section 27.003 not |
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later than the 30th day following the date on which [of] the hearing |
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on the motion concludes. |
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(d) Notwithstanding the provisions of Subsection (c), the |
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court shall dismiss a legal action against the moving party if the |
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moving party establishes that the legal action fails as a matter of |
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law [by a preponderance of the evidence each essential element of a
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valid defense to the nonmovant's claim]. |
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SECTION 5. The heading to Section 27.006, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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Sec. 27.006. PROOF [EVIDENCE]. |
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SECTION 6. Section 27.006(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) In determining whether a legal action should be |
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dismissed under this chapter, the court shall consider the |
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pleadings, admissible evidence submitted by the parties, and |
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supporting and opposing affidavits stating the facts on which the |
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liability or defense is based. |
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SECTION 7. Chapter 27, Civil Practice and Remedies Code, is |
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amended by adding Section 27.0075 to read as follows: |
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Sec. 27.0075. EFFECT OF RULING. (a) A court's ruling on a |
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motion filed under Section 27.003 or the fact that the court made |
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the ruling is not admissible in evidence at any later stage of the |
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legal action. |
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(b) A court's ruling on a motion filed under Section 27.003 |
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does not affect a party's applicable burden of proof. |
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SECTION 8. Section 27.009(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) If the court orders dismissal of a legal action under |
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this chapter, the court [shall award to the moving party]: |
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(1) shall award to the moving party court costs and[,] |
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reasonable attorney's fees[, and other expenses] incurred in |
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defending against the legal action [as justice and equity may
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require]; and |
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(2) may award to the moving party sanctions against |
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the party who brought the legal action as the court determines |
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sufficient to deter the party who brought the legal action from |
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bringing similar actions described in this chapter. |
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SECTION 9. The heading to Section 27.010, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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Sec. 27.010. APPLICABILITY OF CHAPTER [EXEMPTIONS]. |
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SECTION 10. Section 27.010, Civil Practice and Remedies |
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Code, is amended by adding Subsections (c-1) and (e) to read as |
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follows: |
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(c-1) Notwithstanding Subsections (b) and (c), this chapter |
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applies to a legal action against a person based on the creation, |
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dissemination, exhibition, advertisement, or other similar |
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promotion of a dramatic, literary, musical, political, or other |
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artistic work, including a motion picture or television program, or |
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an article published in a newspaper or magazine of general |
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circulation. |
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(e) This chapter does not apply to an action filed under |
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Title 1, 2, 4, or 5, Family Code, or an application for a protective |
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order under Chapter 7A, Code of Criminal Procedure. |
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SECTION 11. Section 27.011, Civil Practice and Remedies |
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Code, is amended by adding Subsection (c) to read as follows: |
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(c) This chapter does not limit or preclude the enforcement |
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by a legislative or executive body or a public agency of the rules |
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of procedure and rules of order of the body or agency. |
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SECTION 12. Section 27.007, Civil Practice and Remedies |
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Code, is repealed. |
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SECTION 13. Chapter 27, Civil Practice and Remedies Code, |
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as amended by this Act, applies only to an action filed on or after |
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the effective date of this Act. An action filed before the |
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effective date of this Act is governed by the law applicable to the |
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action immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 14. This Act takes effect September 1, 2019. |