Texas 2009 - 81st Regular

Texas House Bill HB547 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R287 AJA-D
2	2	By: Raymond H.B. No. 547
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain civil actions against persons who file
8	8	complaints with governmental agencies or quasi-governmental
9	9	entities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 6, Civil Practice and Remedies Code, is
12	12	amended by adding Chapter 140 to read as follows:
13	13	CHAPTER 140. CIVIL ACTIONS AGAINST PERSONS FILING COMPLAINTS WITH
14	14	GOVERNMENTAL AGENCIES OR QUASI-GOVERNMENTAL ENTITIES
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 140.001. DEFINITIONS. In this chapter:
17	17	(1) "Claimant" means a person who files a civil action
18	18	described by Section 140.002(a) against a complainant.
19	19	(2) "Complainant" means a person who makes a complaint
20	20	or who communicates information relevant to a complaint.
21	21	(3) "Complaint" means a written or oral statement,
22	22	report, or other communication made to or kept by a governmental
23	23	agency or quasi-governmental entity that is or may be subject to
24	24	formal action by the agency or entity.
25	25	(4) "Governmental agency" means:
26	26	(A) this state, another state of the United
27	27	States, or the United States;
28	28	(B) any court, institution, agency, political
29	29	subdivision, or organ of government established by the constitution
30	30	or laws of this state, of another state of the United States, or of
31	31	the United States, including a department, bureau, board,
32	32	commission, office, or council; or
33	33	(C) a law enforcement agency.
34	34	(5) "Quasi-governmental entity" means a person who,
35	35	under law or under a formal or informal request by, agreement with,
36	36	delegation of authority by, or rule adopted by a governmental
37	37	agency:
38	38	(A) receives or reviews complaints for the
39	39	agency; or
40	40	(B) performs a function of the agency.
41	41	Sec. 140.002. APPLICABILITY. (a) This chapter applies
42	42	only to a civil action filed against a complainant that:
43	43	(1) is filed by or on behalf of a person who may be
44	44	adversely affected by the filing of the complaint; and
45	45	(2) alleges that the contents of or the filing of the
46	46	complaint constitutes a basis for relief, including a claim
47	47	alleging that the contents of the complaint constitute libel or
48	48	slander.
49	49	(b) Notwithstanding Subsection (a), this chapter does not
50	50	apply to a civil action if:
51	51	(1) the complaint is confidential by other law and not
52	52	a public record available to a member of the public who is not
53	53	affected by the complaint and the complainant communicated the
54	54	contents of the complaint to a person other than to the governmental
55	55	agency or quasi-governmental entity that initially received or
56	56	reviewed the complaint; or
57	57	(2) the complainant is an employee or former employee
58	58	of the person who is the subject of the complaint.
59	59	(c) This chapter does not create or authorize a cause of
60	60	action against a governmental agency, a quasi-governmental entity,
61	61	or an officer, agent, or employee of a governmental agency or
62	62	quasi-governmental entity acting in the course and scope of the
63	63	person's duties or employment. Notwithstanding Chapter 104, the
64	64	state is not liable for indemnification of a person for damages
65	65	arising under this chapter.
66	66	[Sections 140.003-140.050 reserved for expansion]
67	67	SUBCHAPTER B. FILING OF ACTION
68	68	Sec. 140.051. TIME FOR FILING. A person may not file a
69	69	civil action asserting a cause of action to which this chapter
70	70	applies before the agency or entity with which the complaint is
71	71	filed takes final action on the complaint that is the basis of the
72	72	cause of action, including a statement to the claimant that the
73	73	agency or entity will not take action on the complaint.
74	74	Sec. 140.052. ABATEMENT OF ACTION. On the motion of a
75	75	complainant against whom a civil action asserting a cause of action
76	76	to which this chapter applies is filed, the court shall determine
77	77	whether the final action described by Section 140.051 has occurred.
78	78	If the court determines that the final action has not occurred, the
79	79	court shall abate the civil action until the claimant demonstrates
80	80	that the final action described by Section 140.051 has occurred.
81	81	Sec. 140.053. STATUTE OF LIMITATIONS; TOLLING. The statute
82	82	of limitations for filing a civil action asserting a cause of action
83	83	to which this chapter applies is tolled from the time the complaint
84	84	is filed until the final action described by Section 140.051
85	85	occurs.
86	86	SECTION 2. This Act applies only to a civil action asserting
87	87	a cause of action described by Section 140.002, Civil Practice and
88	88	Remedies Code, as added by this Act, filed on or after the effective
89	89	date of this Act. A civil action filed before the effective date of
90	90	this Act is governed by the law applicable to the action immediately
91	91	before the effective date of this Act, and that law is continued in
92	92	effect for that purpose.
93	93	SECTION 3. This Act takes effect September 1, 2009.