81R287 AJA-D
By: Raymond H.B. No. 547
A BILL TO BE ENTITLED
AN ACT
relating to certain civil actions against persons who file
complaints with governmental agencies or quasi-governmental
entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Civil Practice and Remedies Code, is
amended by adding Chapter 140 to read as follows:
CHAPTER 140. CIVIL ACTIONS AGAINST PERSONS FILING COMPLAINTS WITH
GOVERNMENTAL AGENCIES OR QUASI-GOVERNMENTAL ENTITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 140.001. DEFINITIONS. In this chapter:
(1) "Claimant" means a person who files a civil action
described by Section 140.002(a) against a complainant.
(2) "Complainant" means a person who makes a complaint
or who communicates information relevant to a complaint.
(3) "Complaint" means a written or oral statement,
report, or other communication made to or kept by a governmental
agency or quasi-governmental entity that is or may be subject to
formal action by the agency or entity.
(4) "Governmental agency" means:
(A) this state, another state of the United
States, or the United States;
(B) any court, institution, agency, political
subdivision, or organ of government established by the constitution
or laws of this state, of another state of the United States, or of
the United States, including a department, bureau, board,
commission, office, or council; or
(C) a law enforcement agency.
(5) "Quasi-governmental entity" means a person who,
under law or under a formal or informal request by, agreement with,
delegation of authority by, or rule adopted by a governmental
agency:
(A) receives or reviews complaints for the
agency; or
(B) performs a function of the agency.
Sec. 140.002. APPLICABILITY. (a) This chapter applies
only to a civil action filed against a complainant that:
(1) is filed by or on behalf of a person who may be
adversely affected by the filing of the complaint; and
(2) alleges that the contents of or the filing of the
complaint constitutes a basis for relief, including a claim
alleging that the contents of the complaint constitute libel or
slander.
(b) Notwithstanding Subsection (a), this chapter does not
apply to a civil action if:
(1) the complaint is confidential by other law and not
a public record available to a member of the public who is not
affected by the complaint and the complainant communicated the
contents of the complaint to a person other than to the governmental
agency or quasi-governmental entity that initially received or
reviewed the complaint; or
(2) the complainant is an employee or former employee
of the person who is the subject of the complaint.
(c) This chapter does not create or authorize a cause of
action against a governmental agency, a quasi-governmental entity,
or an officer, agent, or employee of a governmental agency or
quasi-governmental entity acting in the course and scope of the
person's duties or employment. Notwithstanding Chapter 104, the
state is not liable for indemnification of a person for damages
arising under this chapter.
[Sections 140.003-140.050 reserved for expansion]
SUBCHAPTER B. FILING OF ACTION
Sec. 140.051. TIME FOR FILING. A person may not file a
civil action asserting a cause of action to which this chapter
applies before the agency or entity with which the complaint is
filed takes final action on the complaint that is the basis of the
cause of action, including a statement to the claimant that the
agency or entity will not take action on the complaint.
Sec. 140.052. ABATEMENT OF ACTION. On the motion of a
complainant against whom a civil action asserting a cause of action
to which this chapter applies is filed, the court shall determine
whether the final action described by Section 140.051 has occurred.
If the court determines that the final action has not occurred, the
court shall abate the civil action until the claimant demonstrates
that the final action described by Section 140.051 has occurred.
Sec. 140.053. STATUTE OF LIMITATIONS; TOLLING. The statute
of limitations for filing a civil action asserting a cause of action
to which this chapter applies is tolled from the time the complaint
is filed until the final action described by Section 140.051
occurs.
SECTION 2. This Act applies only to a civil action asserting
a cause of action described by Section 140.002, Civil Practice and
Remedies Code, as added by this Act, filed on or after the effective
date of this Act. A civil 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 3. This Act takes effect September 1, 2009.