Bill Text: TX HB4166 | 2021-2022 | 87th Legislature | Engrossed

---

Bill Title: Relating to exemption of certain civil actions from being subject to a motion to dismiss on the basis of involving the exercise of certain constitutional rights.

Sponsorship: Bipartisan Bill

Status: (Engrossed - Dead) 2021-05-13 - Referred to State Affairs [HB4166 Detail]

Download: Texas-2021-HB4166-Engrossed.html

---

87R20481 SCL-D
By: Wu, Leach, Schofield, Davis H.B. No. 4166

A BILL TO BE ENTITLED
AN ACT
relating to exemption of certain civil actions from being subject
to a motion to dismiss on the basis of involving the exercise of
certain constitutional rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 27.010(a), Civil Practice and Remedies
Code, is amended to read as follows:
(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 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;
or
(13) a legal action based on a common law legal
malpractice claim.
SECTION 2. Section 27.010(a), Civil Practice and Remedies
Code, as amended by this Act, applies only to an action commenced on
or after the effective date of this Act. An action commenced before
the effective date of this Act is governed by the law applicable to
the action immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.