Texas 2019 - 86th Regular

Texas House Bill HB2730 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2730
	1	+	By: Leach, et al. (Senate Sponsor - Hughes) H.B. No. 2730
	2	+	(In the Senate - Received from the House May 1, 2019;
	3	+	May 1, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 14, 2019, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 14, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to civil actions involving the exercise of certain
6	12		constitutional rights.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Sections 27.001(2), (6), and (7), Civil Practice
9	15		and Remedies Code, are amended to read as follows:
10	16		(2) "Exercise of the right of association" means to [a
11	17		communication between individuals who] join together to
12	18		collectively express, promote, pursue, or defend common interests
13	19		relating to a governmental proceeding or a matter of public
14	20		concern.
15	21		(6) "Legal action" means a lawsuit, cause of action,
16	22		petition, complaint, cross-claim, or counterclaim or any other
17	23		judicial pleading or filing that requests legal, declaratory, or
18	24		equitable relief. The term does not include:
19	25		(A) a procedural action taken or motion made in
20	26		an action that does not amend or add a claim for legal, equitable,
21	27		or declaratory relief;
22	28		(B) alternative dispute resolution proceedings;
23	29		or
24	30		(C) post-judgment enforcement actions.
25	31		(7) "Matter of public concern" means a statement or
26	32		activity regarding:
27	33		(A) a public official, public figure, or other
28	34		person who has drawn substantial public attention due to the
29	35		person's official acts, fame, notoriety, or celebrity;
30	36		(B) a matter of political, social, or other
31	37		interest to the community; or
32	38		(C) a subject of concern to the public [includes
33	39		an issue related to:
34	40		[(A) health or safety;
35	41		[(B) environmental, economic, or community
36	42		well-being;
37	43		[(C) the government;
38	44		[(D) a public official or public figure; or
39	45		[(E) a good, product, or service in the
40	46		marketplace].
41	47		SECTION 2. Section 27.003, Civil Practice and Remedies
42	48		Code, is amended by amending Subsections (a) and (b) and adding
43	49		Subsections (d) and (e) to read as follows:
44	50		(a) If a legal action is based on[, relates to,] or is in
45	51		response to a party's exercise of the right of free speech, right to
46	52		petition, or right of association or arises from any act of that
47	53		party in furtherance of the party's communication or conduct
48	54		described by Section 27.010(b), that party may file a motion to
49	55		dismiss the legal action. A party under this section does not
50	56		include a government entity, agency, or an official or employee
51	57		acting in an official capacity.
52	58		(b) A motion to dismiss a legal action under this section
53	59		must be filed not later than the 60th day after the date of service
54	60		of the legal action. The parties, upon mutual agreement, may
55	61		extend the time to file a motion under this section or the court may
56	62		extend the time to file a motion under this section on a showing of
57	63		good cause.
58	64		(d) The moving party shall provide written notice of the
59	65		date and time of the hearing under Section 27.004 not later than 21
60	66		days before the date of the hearing unless otherwise provided by
61	67		agreement of the parties or an order of the court.
62	68		(e) A party responding to the motion to dismiss shall file
63	69		the response, if any, not later than seven days before the date of
64	70		the hearing on the motion to dismiss unless otherwise provided by an
65	71		agreement of the parties or an order of the court.
66	72		SECTION 3. Sections 27.005(a), (b), and (d), Civil Practice
67	73		and Remedies Code, are amended to read as follows:
68	74		(a) The court must rule on a motion under Section 27.003 not
69	75		later than the 30th day following the date [of] the hearing on the
70	76		motion concludes.
71	77		(b) Except as provided by Subsection (c), on the motion of a
72	78		party under Section 27.003, a court shall dismiss a legal action
73	79		against the moving party if the moving party demonstrates [shows by
74	80		a preponderance of the evidence] that the legal action is based on[,
75	81		relates to,] or is in response to:
76	82		(1) the party's exercise of:
77	83		(A) [(1)] the right of free speech;
78	84		(B) [(2)] the right to petition; or
79	85		(C) [(3)] the right of association; or
80	86		(2) the act of a party described by Section 27.010(b).
81	87		(d) Notwithstanding the provisions of Subsection (c), the
82	88		court shall dismiss a legal action against the moving party if the
83	89		moving party establishes an affirmative defense or other grounds on
84	90		which the moving party is entitled to judgment as a matter of law
85	91		[by a preponderance of the evidence each essential element of a
86	92		valid defense to the nonmovant's claim].
87	93		SECTION 4. The heading to Section 27.006, Civil Practice
88	94		and Remedies Code, is amended to read as follows:
89	95		Sec. 27.006. PROOF [EVIDENCE].
90	96		SECTION 5. Section 27.006(a), Civil Practice and Remedies
91	97		Code, is amended to read as follows:
92	98		(a) In determining whether a legal action is subject to or
93	99		should be dismissed under this chapter, the court shall consider
94	100		the pleadings, evidence a court could consider under Rule 166a,
95	101		Texas Rules of Civil Procedure, and supporting and opposing
96	102		affidavits stating the facts on which the liability or defense is
97	103		based.
98	104		SECTION 6. Section 27.007(a), Civil Practice and Remedies
99	105		Code, is amended to read as follows:
100	106		(a) If the court awards sanctions under Section 27.009(b)
101	107		[At the request of a party making a motion under Section 27.003],
102	108		the court shall issue findings regarding whether the legal action
103	109		was brought to deter or prevent the moving party from exercising
104	110		constitutional rights and is brought for an improper purpose,
105	111		including to harass or to cause unnecessary delay or to increase the
106	112		cost of litigation.
107	113		SECTION 7. Chapter 27, Civil Practice and Remedies Code, is
108	114		amended by adding Section 27.0075 to read as follows:
109	115		Sec. 27.0075. EFFECT OF RULING. Neither the court's ruling
110	116		on the motion nor the fact that it made such a ruling shall be
111	117		admissible in evidence at any later stage of the case, and no burden
112	118		of proof or degree of proof otherwise applicable shall be affected
113	119		by the ruling.
114	120		SECTION 8. Section 27.009, Civil Practice and Remedies
115	121		Code, is amended by amending Subsection (a) and adding Subsection
116	122		(c) to read as follows:
117	123		(a) Except as provided by Subsection (c), if [If] the court
118	124		orders dismissal of a legal action under this chapter, the court
119	125		[shall award to the moving party]:
120	126		(1) shall award to the moving party court costs and [,]
121	127		reasonable attorney's fees[, and other expenses] incurred in
122	128		defending against the legal action [as justice and equity may
123	129		require]; and
124	130		(2) may award to the moving party sanctions against
125	131		the party who brought the legal action as the court determines
126	132		sufficient to deter the party who brought the legal action from
127	133		bringing similar actions described in this chapter.
128	134		(c) If the court orders dismissal of a compulsory
129	135		counterclaim under this chapter, the court may award to the moving
130	136		party reasonable attorney's fees incurred in defending against the
131	137		counterclaim if the court finds that the counterclaim is frivolous
132	138		or solely intended for delay.
133	139		SECTION 9. Section 27.010, Civil Practice and Remedies
134	140		Code, is amended to read as follows:
135	141		Sec. 27.010. EXEMPTIONS. (a) This chapter does not apply
136	142		to:
137	143		(1) an enforcement action that is brought in the name
138	144		of this state or a political subdivision of this state by the
139	145		attorney general, a district attorney, a criminal district
140	146		attorney, or a county attorney;
141	147		(2) [.
142	148		[(b) This chapter does not apply to] a legal action brought
143	149		against a person primarily engaged in the business of selling or
144	150		leasing goods or services, if the statement or conduct arises out of
145	151		the sale or lease of goods, services, or an insurance product,
146	152		insurance services, or a commercial transaction in which the
147	153		intended audience is an actual or potential buyer or customer;
148	154		(3) [.
149	155		[(c) This chapter does not apply to] a legal action seeking
150	156		recovery for bodily injury, wrongful death, or survival or to
151	157		statements made regarding that legal action;
152	158		(4) [.
153	159		[(d) This chapter does not apply to] a legal action brought
154	160		under the Insurance Code or arising out of an insurance contract;
155	161		(5) a legal action arising from an officer-director,
156	162		employee-employer, or independent contractor relationship that:
157	163		(A) seeks recovery for misappropriation of trade
158	164		secrets or corporate opportunities; or
159	165		(B) seeks to enforce a non-disparagement
160	166		agreement or a covenant not to compete;
161	167		(6) a legal action filed under Title 1, 2, 4, or 5,
162	168		Family Code, or an application for a protective order under Chapter
163	169		7A, Code of Criminal Procedure;
164	170		(7) a legal action brought under Chapter 17, Business &
165	171		Commerce Code, other than an action governed by Section 17.49(a)
166	172		of that chapter;
167	173		(8) a legal action in which a moving party raises a
168	174		defense pursuant to Section 160.010, Occupations Code, Section
169	175		161.033, Health and Safety Code, or the Health Care Quality
170	176		Improvement Act of 1986 (42 U.S.C. 11101 et seq.);
171	177		(9) an eviction suit brought under Chapter 24,
172	178		Property Code;
173	179		(10) a disciplinary action or disciplinary proceeding
174	180		brought under Chapter 81, Government Code, or the Texas Rules of
175	181		Disciplinary Procedure;
176	182		(11) a legal action brought under Chapter 554,
177	183		Government Code; or
178	184		(12) a legal action based on a common law fraud claim.
179	185		(b) Notwithstanding Subsections (a)(2), (7), and (12), this
180	186		chapter applies to:
181	187		(1) a legal action against a person arising from any
182	188		act of that person, whether public or private, related to the
183	189		gathering, receiving, posting, or processing of information for
184	190		communication to the public, whether or not the information is
185	191		actually communicated to the public, for the creation,
186	192		dissemination, exhibition, or advertisement or other similar
187	193		promotion of a dramatic, literary, musical, political,
188	194		journalistic, or otherwise artistic work, including audio-visual
189	195		work regardless of the means of distribution, a motion picture, a
190	196		television or radio program, or an article published in a
191	197		newspaper, website, magazine, or other platform, no matter the
192	198		method or extent of distribution; and
193	199		(2) a legal action against a person related to the
194	200		communication, gathering, receiving, posting, or processing of
195	201		consumer opinions or commentary, evaluations of consumer
196	202		complaints, or reviews or ratings of businesses.
197	203		(c) This chapter applies to a legal action against a victim
198	204		or alleged victim of family violence or dating violence as defined
199	205		in Chapter 71, Family Code, or an offense under Chapter 20, 20A, 21,
200	206		or 22, Penal Code, based on or in response to a public or private
201	207		communication.
202	208		SECTION 10. If any provision of this Act or its application
203	209		to any person or circumstance is held invalid, the invalidity does
204	210		not affect other provisions or applications of this Act that can be
205	211		given effect without the invalid provision or application, and to
206	212		this end the provisions of this Act are declared to be severable.
207	213		SECTION 11. Chapter 27, Civil Practice and Remedies Code,
208	214		as amended by this Act, applies only to an action filed on or after
209	215		the effective date of this Act. An action filed before the
210	216		effective date of this Act is governed by the law in effect
211	217		immediately before that date, and that law is continued in effect
212	218		for that purpose.
213	219		SECTION 12. This Act takes effect September 1, 2019.
214		-	______________________________ ______________________________
215		-	President of the Senate Speaker of the House
216		-	I certify that H.B. No. 2730 was passed by the House on April
217		-	30, 2019, by the following vote: Yeas 143, Nays 1, 2 present, not
218		-	voting.
219		-	______________________________
220		-	Chief Clerk of the House
221		-	I certify that H.B. No. 2730 was passed by the Senate on May
222		-	17, 2019, by the following vote: Yeas 31, Nays 0.
223		-	______________________________
224		-	Secretary of the Senate
225		-	APPROVED: _____________________
226		-	Date
227		-	_____________________
228		-	Governor
	220	+	* * * * *