Bill Text: TX SB1981 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to actions involving the exercise of certain constitutional rights.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-19 - Referred to State Affairs [SB1981 Detail]
Download: Texas-2019-SB1981-Introduced.html
86R13468 BRG-D | ||
By: Hughes | S.B. No. 1981 |
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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. Sections 27.001(2) and (6), Civil Practice and | ||
Remedies Code, are amended to read as follows: | ||
(2) "Exercise of the constitutional right to petition, | ||
speak freely, or associate freely [ |
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exercise of the right to petition, speak freely, or associate | ||
freely as those rights are: | ||
(A) provided by the constitutions of this state | ||
and the United States; and | ||
(B) applied by the courts of this state and the | ||
United States [ |
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(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 or equitable | ||
relief. The term does not include a motion made or procedural action | ||
taken during a suit that does not amend or add a claim for legal or | ||
equitable relief. | ||
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 exercise of the constitutional right [ |
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place or context that is open to the public [ |
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that party may file a motion to dismiss the legal 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, speak freely, or associate freely | ||
in a place or context that is open to the public[ |
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SECTION 4. Section 27.006(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) In determining whether a legal action should be | ||
dismissed under this chapter, the court shall consider admissible | ||
evidence submitted by the parties and the pleadings and supporting | ||
and opposing affidavits stating the facts on which the liability or | ||
defense is based. | ||
SECTION 5. Section 27.009, Civil Practice and Remedies | ||
Code, is amended by amending Subsection (a) and adding Subsection | ||
(a-1) to read as follows: | ||
(a) A [ |
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other expenses [ |
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justice and equity may require to a moving or responding party that | ||
prevails on the matter of a motion to dismiss under Section 27.003. | ||
(a-1) If a court orders dismissal of a legal action under | ||
this chapter, the court may issue[ |
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deter the party [ |
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similar actions described in this chapter. | ||
SECTION 6. Section 27.010, Civil Practice and Remedies | ||
Code, is amended by adding Subsections (e), (f), and (g) to read as | ||
follows: | ||
(e) This chapter does not apply to: | ||
(1) a suit for dissolution of a marriage; | ||
(2) a suit affecting the parent-child relationship; or | ||
(3) an application for a protective order under | ||
Chapters 82, 83, 84, and 85, Family Code. | ||
(f) This chapter does not apply to a suit for | ||
misappropriation of trade secrets. | ||
(g) This chapter does not apply to a suit for breach of a | ||
covenant not to compete. | ||
SECTION 7. Sections 27.001(1), (3), (4), (5), (7), (8), and | ||
(9) and 27.009(b), Civil Practice and Remedies Code, are repealed. | ||
SECTION 8. 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 9. This Act takes effect September 1, 2019. |