Bill Text: TX HB3547 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to civil actions involving the exercise of certain constitutional rights.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-18 - Referred to Judiciary & Civil Jurisprudence [HB3547 Detail]
Download: Texas-2019-HB3547-Introduced.html
86R11341 SCL-F | ||
By: Moody | H.B. No. 3547 |
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relating to civil 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 right of association" means a | ||
communication between individuals who join together to | ||
collectively express, promote, pursue, or defend common interests. | ||
The term does not include a communication that is the basis of a | ||
claim asserting a misappropriation of a trade secret or a breach of | ||
a covenant not to compete. | ||
(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, [ |
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declaratory relief. | ||
SECTION 2. The heading to Section 27.003, Civil Practice | ||
and Remedies Code, is amended to read as follows: | ||
Sec. 27.003. MOTION TO DISMISS; RESPONSE. | ||
SECTION 3. Section 27.003, Civil Practice and Remedies | ||
Code, is amended by amending Subsections (a) and (b) and adding | ||
Subsections (d) and (e) to read as follows: | ||
(a) Except as provided by this subsection, if [ |
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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. A party that is a governmental entity or governmental | ||
official or employee acting in an official capacity may not file a | ||
motion to dismiss under this subsection. | ||
(b) A motion to dismiss a legal action under this section | ||
must be filed not later than the 60th day after the date of service | ||
of the legal action. The parties may agree to extend the time to | ||
file a motion under this section, or the court may extend the time | ||
to file a motion under this section on a showing of good cause. | ||
(d) The moving party shall provide a nonmoving party written | ||
notice of the date and time of the hearing on the motion to dismiss | ||
not later than the 14th day before the date of the hearing unless | ||
otherwise provided by an agreement of the parties or an order of the | ||
court. | ||
(e) A party responding to the motion to dismiss shall file | ||
the response not later than the seventh day before the date of the | ||
hearing on the motion to dismiss unless otherwise provided by an | ||
agreement of the parties or an order of the court. | ||
SECTION 4. Sections 27.005(a) and (d), Civil Practice and | ||
Remedies Code, are amended to read as follows: | ||
(a) The court must rule on a motion under Section 27.003 not | ||
later than the 30th day following the date on which [ |
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on the motion concludes. | ||
(d) Notwithstanding the provisions of Subsection (c), the | ||
court shall dismiss a legal action against the moving party if the | ||
moving party establishes that the legal action fails as a matter of | ||
law [ |
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SECTION 5. The heading to Section 27.006, Civil Practice | ||
and Remedies Code, is amended to read as follows: | ||
Sec. 27.006. PROOF [ |
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SECTION 6. 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 the | ||
pleadings, admissible evidence submitted by the parties, and | ||
supporting and opposing affidavits stating the facts on which the | ||
liability or defense is based. | ||
SECTION 7. Chapter 27, Civil Practice and Remedies Code, is | ||
amended by adding Section 27.0075 to read as follows: | ||
Sec. 27.0075. EFFECT OF RULING. (a) A court's ruling on a | ||
motion filed under Section 27.003 or the fact that the court made | ||
the ruling is not admissible in evidence at any later stage of the | ||
legal action. | ||
(b) A court's ruling on a motion filed under Section 27.003 | ||
does not affect a party's applicable burden of proof. | ||
SECTION 8. Section 27.009(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) If the court orders dismissal of a legal action under | ||
this chapter, the court [ |
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(1) shall award to the moving party court costs and[ |
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reasonable attorney's fees[ |
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defending against the legal action [ |
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(2) may award to the moving party sanctions against | ||
the party who brought the legal action as the court determines | ||
sufficient to deter the party who brought the legal action from | ||
bringing similar actions described in this chapter. | ||
SECTION 9. The heading to Section 27.010, Civil Practice | ||
and Remedies Code, is amended to read as follows: | ||
Sec. 27.010. APPLICABILITY OF CHAPTER [ |
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SECTION 10. Section 27.010, Civil Practice and Remedies | ||
Code, is amended by adding Subsections (c-1) and (e) to read as | ||
follows: | ||
(c-1) Notwithstanding Subsections (b) and (c), this chapter | ||
applies to a legal action against a person based on the creation, | ||
dissemination, exhibition, advertisement, or other similar | ||
promotion of a dramatic, literary, musical, political, or other | ||
artistic work, including a motion picture or television program, or | ||
an article published in a newspaper or magazine of general | ||
circulation. | ||
(e) This chapter does not apply to an 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. | ||
SECTION 11. Section 27.011, Civil Practice and Remedies | ||
Code, is amended by adding Subsection (c) to read as follows: | ||
(c) This chapter does not limit or preclude the enforcement | ||
by a legislative or executive body or a public agency of the rules | ||
of procedure and rules of order of the body or agency. | ||
SECTION 12. Section 27.007, Civil Practice and Remedies | ||
Code, is repealed. | ||
SECTION 13. 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 applicable to the | ||
action immediately before the effective date of this Act, and that | ||
law is continued in effect for that purpose. | ||
SECTION 14. This Act takes effect September 1, 2019. |