82R10462 CAE-D
By: Hunter H.B. No. 2974
A BILL TO BE ENTITLED
AN ACT
relating to encouraging public participation by citizens by
protecting a person's right to petition, right of free speech, and
right of association.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Citizens
Participation Act.
SECTION 2. Subtitle B, Title 2, Civil Practice and Remedies
Code, is amended by adding Chapter 27 to read as follows:
CHAPTER 27. ACTIONS INVOLVING EXERCISE OF CERTAIN
CONSTITUTIONAL RIGHTS
Sec. 27.001. MOTION TO DISMISS. If a legal 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.
Sec. 27.002. HEARING. A hearing on a motion under Section
27.001 must be set not later than the 30th day after the date of
service of the motion unless the docket conditions of the court
require a later hearing.
Sec. 27.003. RULING. The court must rule on a motion under
Section 27.001 not later than the 30th day following the date of the
hearing on the motion.
Sec. 27.004. EVIDENCE. In determining whether a legal
action should be dismissed under this chapter, the court shall
consider the pleadings and supporting and opposing affidavits
stating the facts on which the liability or defense is based.
Sec. 27.005. ADDITIONAL FINDINGS. At the request of a party
making a motion under Section 27.001, the court shall issue
findings regarding whether the legal action was brought to deter or
prevent the moving party from exercising constitutional rights.
Sec. 27.006. APPEAL. If a court does not rule on a motion to
dismiss under Section 27.001 in the time prescribed by Section
27.003, the motion is considered to have been denied by operation of
law and the moving party may appeal.
Sec. 27.007. DAMAGES AND COSTS. If the court orders
dismissal of a legal action under this chapter, the court shall
award to the moving party court costs, reasonable attorney's fees,
and other expenses incurred in defending against the legal action.
SECTION 3. The change in law made by this Act applies only
to a legal action filed on or after the effective date of this Act.
A legal 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 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.