By: Lozano H.B. No. 3811
A BILL TO BE ENTITLED
AN ACT
relating to actions involving the exercise of certain
constitutional rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 27.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 27.001. DEFINITIONS. In this chapter:
(1) "Communication" means publicly [includes the]
making or submitting [of] a statement or document in any form or
medium, including oral, visual, written, audiovisual, or
electronic. The term does not include a statement or document that
is made or submitted privately, regardless of form.
(2) "Exercise of the constitutional right to petition,
to speak freely, or to associate freely" [of association"] means
the exercise of any of those rights as they are provided by the
constitutions of this state and the United States and applied by the
courts of this state and the United States [a communication between
individuals who join together to collectively express, promote,
pursue, or defend common interests].
(3) ["Exercise of the right of free speech" means a
communication made in connection with a matter of public concern.
[(4) "Exercise of the right to petition" means any of
the following:
[(A) a communication in or pertaining to:
[(i) a judicial proceeding;
[(ii) an official proceeding, other than a
judicial proceeding, to administer the law;
[(iii) an executive or other proceeding
before a department of the state or federal government or a
subdivision of the state or federal government;
[(iv) a legislative proceeding, including a
proceeding of a legislative committee;
[(v) a proceeding before an entity that
requires by rule that public notice be given before proceedings of
that entity;
[(vi) a proceeding in or before a managing
board of an educational or eleemosynary institution supported
directly or indirectly from public revenue;
[(vii) a proceeding of the governing body
of any political subdivision of this state;
[(viii) a report of or debate and
statements made in a proceeding described by Subparagraph (iii),
(iv), (v), (vi), or (vii); or
[(ix) a public meeting dealing with a
public purpose, including statements and discussions at the meeting
or other matters of public concern occurring at the meeting;
[(B) a communication in connection with an issue
under consideration or review by a legislative, executive,
judicial, or other governmental body or in another governmental or
official proceeding;
[(C) a communication that is reasonably likely to
encourage consideration or review of an issue by a legislative,
executive, judicial, or other governmental body or in another
governmental or official proceeding;
[(D) a communication reasonably likely to enlist
public participation in an effort to effect consideration of an
issue by a legislative, executive, judicial, or other governmental
body or in another governmental or official proceeding; and
[(E) any other communication that falls within
the protection of the right to petition government under the
Constitution of the United States or the constitution of this
state.
[(5)] "Governmental proceeding" means a proceeding,
other than a judicial proceeding, by an officer, official, or body
of this state or a political subdivision of this state, including a
board or commission, or by an officer, official, or body of the
federal government.
(4) [(6)] "Legal action" means a lawsuit, cause of
action, petition, complaint, cross-claim, or counterclaim or any
other judicial pleading or filing that requests substantive relief,
whether legal or equitable [relief]. The term does not include:
(A) a motion or action related to discovery made
or taken pursuant to the Texas Rules of Civil Procedure, including a
motion to compel or an objection to discovery, a motion seeking a
protective order related to discovery, and the issuance of a
subpoena;
(B) a motion for summary judgment;
(C) a motion to dismiss a motion to dismiss under
this chapter; or
(D) any other type of procedural action taken
during the course of a legal action.
[(7) "Matter of public concern" includes an issue
related to:
[(A) health or safety;
[(B) environmental, economic, or community
well-being;
[(C) the government;
[(D) a public official or public figure; or
[(E) a good, product, or service in the
marketplace.
[(8) "Official proceeding" means any type of
administrative, executive, legislative, or judicial proceeding
that may be conducted before a public servant.
[(9) "Public servant" means a person elected,
selected, appointed, employed, or otherwise designated as one of
the following, even if the person has not yet qualified for office
or assumed the person's duties:
[(A) an officer, employee, or agent of
government;
[(B) a juror;
[(C) an arbitrator, referee, or other person who
is authorized by law or private written agreement to hear or
determine a cause or controversy;
[(D) an attorney or notary public when
participating in the performance of a governmental function; or
[(E) a person who is performing a governmental
function under a claim of right but is not legally qualified to do
so.]
SECTION 2. Section 27.003(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) If a legal action is based on, relates to, or is in
response to a party's participation in the government by the
exercise of the constitutional right [of free speech, right] to
petition, to speak freely, or to associate freely [right of
association], that party may file a motion to dismiss the legal
action.
SECTION 3. Section 27.005(b), Civil Practice and Remedies
Code, is amended to read as follows:
(b) Except as provided by Subsection (c), on the motion of a
party under Section 27.003, a court shall dismiss a legal action
against the moving party if the moving party shows by a
preponderance of the evidence that the legal action is based on,
relates to, or is in response to the party's exercise of the
constitutional right to petition, to speak freely, or to associate
freely[:
[(1) the right of free speech;
[(2) the right to petition; or
[(3) the right of association].
SECTION 4. 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 5. This Act takes effect September 1, 2017.