Texas 2019 - 86th Regular

Texas House Bill HB3547 Compare Versions

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

Old	New	Differences
1	1	86R11341 SCL-F
2	2	By: Moody H.B. No. 3547
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to civil actions involving the exercise of certain
8	8	constitutional rights.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 27.001(2) and (6), Civil Practice and
11	11	Remedies Code, are amended to read as follows:
12	12	(2) "Exercise of the right of association" means a
13	13	communication between individuals who join together to
14	14	collectively express, promote, pursue, or defend common interests.
15	15	The term does not include a communication that is the basis of a
16	16	claim asserting a misappropriation of a trade secret or a breach of
17	17	a covenant not to compete.
18	18	(6) "Legal action" means a lawsuit, cause of action,
19	19	petition, complaint, cross-claim, or counterclaim or any other
20	20	judicial pleading or filing that requests legal, [or] equitable, or
21	21	declaratory relief.
22	22	SECTION 2. The heading to Section 27.003, Civil Practice
23	23	and Remedies Code, is amended to read as follows:
24	24	Sec. 27.003. MOTION TO DISMISS; RESPONSE.
25	25	SECTION 3. Section 27.003, Civil Practice and Remedies
26	26	Code, is amended by amending Subsections (a) and (b) and adding
27	27	Subsections (d) and (e) to read as follows:
28	28	(a) Except as provided by this subsection, if [If] a legal
29	29	action is based on, relates to, or is in response to a party's
30	30	exercise of the right of free speech, right to petition, or right of
31	31	association, that party may file a motion to dismiss the legal
32	32	action. A party that is a governmental entity or governmental
33	33	official or employee acting in an official capacity may not file a
34	34	motion to dismiss under this subsection.
35	35	(b) A motion to dismiss a legal action under this section
36	36	must be filed not later than the 60th day after the date of service
37	37	of the legal action. The parties may agree to extend the time to
38	38	file a motion under this section, or the court may extend the time
39	39	to file a motion under this section on a showing of good cause.
40	40	(d) The moving party shall provide a nonmoving party written
41	41	notice of the date and time of the hearing on the motion to dismiss
42	42	not later than the 14th day before the date of the hearing unless
43	43	otherwise provided by an agreement of the parties or an order of the
44	44	court.
45	45	(e) A party responding to the motion to dismiss shall file
46	46	the response not later than the seventh day before the date of the
47	47	hearing on the motion to dismiss unless otherwise provided by an
48	48	agreement of the parties or an order of the court.
49	49	SECTION 4. Sections 27.005(a) and (d), Civil Practice and
50	50	Remedies Code, are amended to read as follows:
51	51	(a) The court must rule on a motion under Section 27.003 not
52	52	later than the 30th day following the date on which [of] the hearing
53	53	on the motion concludes.
54	54	(d) Notwithstanding the provisions of Subsection (c), the
55	55	court shall dismiss a legal action against the moving party if the
56	56	moving party establishes that the legal action fails as a matter of
57	57	law [by a preponderance of the evidence each essential element of a
58	58	valid defense to the nonmovant's claim].
59	59	SECTION 5. The heading to Section 27.006, Civil Practice
60	60	and Remedies Code, is amended to read as follows:
61	61	Sec. 27.006. PROOF [EVIDENCE].
62	62	SECTION 6. Section 27.006(a), Civil Practice and Remedies
63	63	Code, is amended to read as follows:
64	64	(a) In determining whether a legal action should be
65	65	dismissed under this chapter, the court shall consider the
66	66	pleadings, admissible evidence submitted by the parties, and
67	67	supporting and opposing affidavits stating the facts on which the
68	68	liability or defense is based.
69	69	SECTION 7. Chapter 27, Civil Practice and Remedies Code, is
70	70	amended by adding Section 27.0075 to read as follows:
71	71	Sec. 27.0075. EFFECT OF RULING. (a) A court's ruling on a
72	72	motion filed under Section 27.003 or the fact that the court made
73	73	the ruling is not admissible in evidence at any later stage of the
74	74	legal action.
75	75	(b) A court's ruling on a motion filed under Section 27.003
76	76	does not affect a party's applicable burden of proof.
77	77	SECTION 8. Section 27.009(a), Civil Practice and Remedies
78	78	Code, is amended to read as follows:
79	79	(a) If the court orders dismissal of a legal action under
80	80	this chapter, the court [shall award to the moving party]:
81	81	(1) shall award to the moving party court costs and[,]
82	82	reasonable attorney's fees[, and other expenses] incurred in
83	83	defending against the legal action [as justice and equity may
84	84	require]; and
85	85	(2) may award to the moving party sanctions against
86	86	the party who brought the legal action as the court determines
87	87	sufficient to deter the party who brought the legal action from
88	88	bringing similar actions described in this chapter.
89	89	SECTION 9. The heading to Section 27.010, Civil Practice
90	90	and Remedies Code, is amended to read as follows:
91	91	Sec. 27.010. APPLICABILITY OF CHAPTER [EXEMPTIONS].
92	92	SECTION 10. Section 27.010, Civil Practice and Remedies
93	93	Code, is amended by adding Subsections (c-1) and (e) to read as
94	94	follows:
95	95	(c-1) Notwithstanding Subsections (b) and (c), this chapter
96	96	applies to a legal action against a person based on the creation,
97	97	dissemination, exhibition, advertisement, or other similar
98	98	promotion of a dramatic, literary, musical, political, or other
99	99	artistic work, including a motion picture or television program, or
100	100	an article published in a newspaper or magazine of general
101	101	circulation.
102	102	(e) This chapter does not apply to an action filed under
103	103	Title 1, 2, 4, or 5, Family Code, or an application for a protective
104	104	order under Chapter 7A, Code of Criminal Procedure.
105	105	SECTION 11. Section 27.011, Civil Practice and Remedies
106	106	Code, is amended by adding Subsection (c) to read as follows:
107	107	(c) This chapter does not limit or preclude the enforcement
108	108	by a legislative or executive body or a public agency of the rules
109	109	of procedure and rules of order of the body or agency.
110	110	SECTION 12. Section 27.007, Civil Practice and Remedies
111	111	Code, is repealed.
112	112	SECTION 13. Chapter 27, Civil Practice and Remedies Code,
113	113	as amended by this Act, applies only to an action filed on or after
114	114	the effective date of this Act. An action filed before the
115	115	effective date of this Act is governed by the law applicable to the
116	116	action immediately before the effective date of this Act, and that
117	117	law is continued in effect for that purpose.
118	118	SECTION 14. This Act takes effect September 1, 2019.