82R1162 CAE-F
By: Raymond H.B. No. 160
A BILL TO BE ENTITLED
AN ACT
relating to 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) "Bad faith" with respect to a suit to which this
chapter applies means a suit that is:
(A) groundless; or
(B) brought for the purpose of:
(i) harassing or intimidating a
complainant; or
(ii) obtaining the withdrawal of a
complaint.
(2) "Claimant" means a person who brings a suit to
which this chapter applies against a complainant.
(3) "Complainant" means a person who makes a complaint
or who communicates information relevant to a complaint.
(4) "Complaint" means a written or oral statement,
report, or other communication made to or kept by a governmental
agency or quasi-governmental entity.
(5) "Exemplary damages" has the meaning assigned by
Chapter 41.
(6) "Good faith" with respect to a complaint means
that at the time the complaint was made or intended to be made the
complainant had:
(A) any reasonable basis in fact for making the
complaint; and
(B) any reasonable basis to believe that the
governmental agency or quasi-governmental entity to which the
complaint was made had authority or jurisdiction to receive or
review the complaint.
(7) "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.
(8) "Groundless" means:
(A) without basis in fact; or
(B) not warranted by existing law or a good faith
argument for the extension, modification, or reversal of existing
law.
(9) "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.
(10) "SLAPP" means a suit:
(A) filed against a complainant that:
(i) is filed by or on behalf of a person who
may be adversely affected by the filing of the complaint; and
(ii) 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; or
(B) that seeks an order prohibited by Section
140.005.
Sec. 140.002. APPLICABILITY; SCOPE. (a) This chapter
applies only to a suit that is a SLAPP.
(b) Notwithstanding Subsection (a), this chapter does not
apply to a suit 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;
(2) the complainant is an employee or former employee
of the person who is the subject of the complaint; or
(3) the complainant has been finally convicted of a
criminal offense under the law of this or another state or Title 18,
United States Code, or a successor statute, committed in connection
with the complaint, and the pleadings alleging a right to civil
recovery are limited to the basis of the record of the final
criminal conviction.
(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.
Sec. 140.003. VENUE. A suit governed by this chapter shall
be brought:
(1) in the county of the complainant's residence if the
complainant is a natural person;
(2) in the county in which the complainant's principal
office is located if the complainant is not a natural person; or
(3) in the county in which the complaint was made, if
the complainant:
(A) is a natural person who is not a resident of
this state; or
(B) is not a natural person and does not have an
office in this state.
Sec. 140.004. REMOVAL. Notwithstanding any other law, on
motion of the complainant, a suit to which this chapter applies that
is brought in a court other than a district court may be removed to a
district court in which venue is authorized under Section 140.003.
Sec. 140.005. CERTAIN ORDERS PROHIBITED. A court of this
state may not issue a temporary restraining order, temporary
injunction, permanent injunction, or other order prohibiting a
complainant from communicating with a governmental agency or
quasi-governmental entity concerning the subject matter of a
complaint or a suit to which this chapter applies.
Sec. 140.006. NO LIABILITY FOR GOOD FAITH COMPLAINT. (a) A
complainant who makes a complaint in good faith is not:
(1) liable for monetary damages arising from the
complaint; or
(2) subject to injunctive or declaratory relief with
respect to the complaint.
(b) A complaint is presumed to be made in good faith. A
complainant may prove the complaint is made in good faith by
demonstrating that a reasonably prudent person, under the same or
similar circumstances, could have believed that:
(1) a reasonable basis in fact existed for making the
complaint; and
(2) the agency or entity to which the complaint was
made had authority or jurisdiction to receive or review the
complaint.
[Sections 140.007-140.050 reserved for expansion]
SUBCHAPTER B. DETERMINATION OF WHETHER COMPLAINT WAS MADE IN GOOD
FAITH OR BAD FAITH; CONSEQUENCES
Sec. 140.051. BURDEN OF PLEADING. (a) A person asserting a
claim in a suit to which this chapter applies must plead with
particularity all material facts that the person contends establish
the right to recovery, including all facts supporting the
contention that the complainant did not act in good faith. Each
fact asserted in the pleading must be verified by an affidavit made
on personal knowledge unless the truth of the fact appears of
record.
(b) The court shall, on motion by the complainant or on the
court's own motion, review the pleadings to determine compliance
with Subsection (a).
Sec. 140.052. DISMISSAL; EXPEDITED HEARING TO DETERMINE BAD
FAITH CLAIM. (a) The court shall promptly dismiss a suit to which
this chapter applies if:
(1) the complainant demonstrates in accordance with
Section 140.006(b) that the complaint that is the subject of the
claim was made in good faith; or
(2) the pleadings fail to allege:
(A) a cause of action against the complainant for
which relief may be granted; or
(B) facts sufficient to rebut the presumption
that the complaint was filed in good faith.
(b) On motion of the complainant, a court that dismisses a
suit under Subsection (a) shall promptly hold a hearing to
determine whether the suit was brought in bad faith.
(c) A complainant must file the motion for an expedited
hearing under Subsection (b) not later than the 31st day after the
date on which the order dismissing the suit is final. On request of
a party, the hearing shall be before a jury. The Texas Rules of
Civil Procedure apply to the selection of the jury, the court's
charge to the jury, and all other aspects of the proceedings.
(d) On motion of the complainant in a suit involving three
or more parties, the court shall sever the claims as necessary to
allow relief granted under Subsection (a) or Section 140.053 to
become immediately final and appealable.
Sec. 140.053. LIABILITY FOR BAD FAITH CLAIM; EXEMPLARY
DAMAGES AUTHORIZED. (a) If the trier of fact determines that a
suit to which this chapter applies was brought in bad faith,
judgment may be entered awarding the complainant:
(1) actual damages;
(2) attorney's fees and court costs under Section
140.055; and
(3) exemplary damages against the person who brought
the suit.
(b) A person against whom judgment is entered under this
section and the person's attorney are jointly and severally liable
for damages awarded under this section.
Sec. 140.054. TIME FOR FILING CERTAIN PLEADINGS AND
MOTIONS. On or before the 31st day after the date a suit is
dismissed under Section 140.052(a) or a judgment under this chapter
holding that a complaint was filed in good faith is final, the
complainant against whom the suit was filed may file additional
pleadings or motions with the court, regardless of whether the time
for filing the pleading or motion would be barred under Chapter 16
or any other statute of limitation or repose, to assert a claim
against the claimant who brought the suit that arises out of the
filing of the suit.
Sec. 140.055. COURT COSTS AND ATTORNEY'S FEES. A
complainant is entitled to recover court costs and reasonable and
necessary attorney's fees if judgment is entered holding a
complaint made the basis of a suit to which this chapter applies was
filed in good faith.
Sec. 140.056. PROFESSIONAL DISCIPLINE. (a) If judgment is
entered against an attorney under Section 140.053(b), the attorney
is subject to professional discipline for professional misconduct
in accordance with Subchapter E, Chapter 81, Government Code, and
Section 82.062, Government Code.
(b) The court shall promptly report a judgment described by
Subsection (a) to an appropriate grievance committee under Chapter
81, Government Code, or under a similar law in any jurisdiction in
which the attorney resides or is licensed.
(c) A report under Subsection (b) must contain:
(1) the name of the attorney against whom judgment was
entered;
(2) the jury verdict or findings of fact by the court;
and
(3) the judgment.
Sec. 140.057. REFERRAL TO DISTRICT ATTORNEY OR FEDERAL
AUTHORITIES. (a) If the court or the trier of fact finds that a
person may have committed a criminal act in the course of the
proceedings in a suit to which this chapter applies, including a
criminal act related to an improper interference with or delay of
another government proceeding, or harassment of a witness in any
proceeding, the court shall submit a written report to the district
attorney or appropriate federal agency. This section does not
limit any other remedies or penalties available to the court.
(b) A report under this section must contain:
(1) the name of the person alleged to have committed
the criminal act;
(2) the jury verdict or findings of fact by the court;
(3) a copy of the judgment; and
(4) a citation to this chapter and statement that the
report is provided in accordance with this section.
SECTION 2. This Act applies only to a suit filed on or after
the effective date of this Act. A suit filed before the effective
date of this Act is governed by the law applicable to the suit
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, 2011.