Bill Text: TX HB3811 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to actions involving the exercise of certain constitutional rights.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-09 - Filed [HB3811 Detail]
Download: Texas-2017-HB3811-Introduced.html
By: Lozano | H.B. No. 3811 |
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relating to actions involving the exercise of certain | ||
constitutional rights. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 27.001, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 27.001. DEFINITIONS. In this chapter: | ||
(1) "Communication" means publicly [ |
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making or submitting [ |
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medium, including oral, visual, written, audiovisual, or | ||
electronic. The term does not include a statement or document that | ||
is made or submitted privately, regardless of form. | ||
(2) "Exercise of the constitutional right to petition, | ||
to speak freely, or to associate freely" [ |
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the exercise of any of those rights as they are provided by the | ||
constitutions of this state and the United States and applied by the | ||
courts of this state and the United States [ |
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(3) [ |
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other than a judicial proceeding, by an officer, official, or body | ||
of this state or a political subdivision of this state, including a | ||
board or commission, or by an officer, official, or body of the | ||
federal government. | ||
(4) [ |
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action, petition, complaint, cross-claim, or counterclaim or any | ||
other judicial pleading or filing that requests substantive relief, | ||
whether legal or equitable [ |
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(A) a motion or action related to discovery made | ||
or taken pursuant to the Texas Rules of Civil Procedure, including a | ||
motion to compel or an objection to discovery, a motion seeking a | ||
protective order related to discovery, and the issuance of a | ||
subpoena; | ||
(B) a motion for summary judgment; | ||
(C) a motion to dismiss a motion to dismiss under | ||
this chapter; or | ||
(D) any other type of procedural action taken | ||
during the course of a legal action. | ||
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SECTION 2. Section 27.003(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) If a legal action is based on, relates to, or is in | ||
response to a party's participation in the government by the | ||
exercise of the constitutional right [ |
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petition, to speak freely, or to associate freely [ |
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action. | ||
SECTION 3. Section 27.005(b), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(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 shows by a | ||
preponderance of the evidence that the legal action is based on, | ||
relates to, or is in response to the party's exercise of the | ||
constitutional right to petition, to speak freely, or to associate | ||
freely[ |
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SECTION 4. 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 5. This Act takes effect September 1, 2017. |