86R11341 SCL-F
By: Moody H.B. No. 3547
A BILL TO BE ENTITLED
AN ACT
relating to civil actions involving the exercise of certain
constitutional rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 27.001(2) and (6), Civil Practice and
Remedies Code, are amended to read as follows:
(2) "Exercise of the right of association" means a
communication between individuals who join together to
collectively express, promote, pursue, or defend common interests.
The term does not include a communication that is the basis of a
claim asserting a misappropriation of a trade secret or a breach of
a covenant not to compete.
(6) "Legal action" means a lawsuit, cause of action,
petition, complaint, cross-claim, or counterclaim or any other
judicial pleading or filing that requests legal, [or] equitable, or
declaratory relief.
SECTION 2. The heading to Section 27.003, Civil Practice
and Remedies Code, is amended to read as follows:
Sec. 27.003. MOTION TO DISMISS; RESPONSE.
SECTION 3. Section 27.003, Civil Practice and Remedies
Code, is amended by amending Subsections (a) and (b) and adding
Subsections (d) and (e) to read as follows:
(a) Except as provided by this subsection, if [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. A party that is a governmental entity or governmental
official or employee acting in an official capacity may not file a
motion to dismiss under this subsection.
(b) A motion to dismiss a legal action under this section
must be filed not later than the 60th day after the date of service
of the legal action. The parties may agree to extend the time to
file a motion under this section, or the court may extend the time
to file a motion under this section on a showing of good cause.
(d) The moving party shall provide a nonmoving party written
notice of the date and time of the hearing on the motion to dismiss
not later than the 14th day before the date of the hearing unless
otherwise provided by an agreement of the parties or an order of the
court.
(e) A party responding to the motion to dismiss shall file
the response not later than the seventh day before the date of the
hearing on the motion to dismiss unless otherwise provided by an
agreement of the parties or an order of the court.
SECTION 4. Sections 27.005(a) and (d), Civil Practice and
Remedies Code, are amended to read as follows:
(a) The court must rule on a motion under Section 27.003 not
later than the 30th day following the date on which [of] the hearing
on the motion concludes.
(d) Notwithstanding the provisions of Subsection (c), the
court shall dismiss a legal action against the moving party if the
moving party establishes that the legal action fails as a matter of
law [by a preponderance of the evidence each essential element of a
valid defense to the nonmovant's claim].
SECTION 5. The heading to Section 27.006, Civil Practice
and Remedies Code, is amended to read as follows:
Sec. 27.006. PROOF [EVIDENCE].
SECTION 6. Section 27.006(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) In determining whether a legal action should be
dismissed under this chapter, the court shall consider the
pleadings, admissible evidence submitted by the parties, and
supporting and opposing affidavits stating the facts on which the
liability or defense is based.
SECTION 7. Chapter 27, Civil Practice and Remedies Code, is
amended by adding Section 27.0075 to read as follows:
Sec. 27.0075. EFFECT OF RULING. (a) A court's ruling on a
motion filed under Section 27.003 or the fact that the court made
the ruling is not admissible in evidence at any later stage of the
legal action.
(b) A court's ruling on a motion filed under Section 27.003
does not affect a party's applicable burden of proof.
SECTION 8. Section 27.009(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) If the court orders dismissal of a legal action under
this chapter, the court [shall award to the moving party]:
(1) shall award to the moving party court costs and[,]
reasonable attorney's fees[, and other expenses] incurred in
defending against the legal action [as justice and equity may
require]; and
(2) may award to the moving party sanctions against
the party who brought the legal action as the court determines
sufficient to deter the party who brought the legal action from
bringing similar actions described in this chapter.
SECTION 9. The heading to Section 27.010, Civil Practice
and Remedies Code, is amended to read as follows:
Sec. 27.010. APPLICABILITY OF CHAPTER [EXEMPTIONS].
SECTION 10. Section 27.010, Civil Practice and Remedies
Code, is amended by adding Subsections (c-1) and (e) to read as
follows:
(c-1) Notwithstanding Subsections (b) and (c), this chapter
applies to a legal action against a person based on the creation,
dissemination, exhibition, advertisement, or other similar
promotion of a dramatic, literary, musical, political, or other
artistic work, including a motion picture or television program, or
an article published in a newspaper or magazine of general
circulation.
(e) This chapter does not apply to an action filed under
Title 1, 2, 4, or 5, Family Code, or an application for a protective
order under Chapter 7A, Code of Criminal Procedure.
SECTION 11. Section 27.011, Civil Practice and Remedies
Code, is amended by adding Subsection (c) to read as follows:
(c) This chapter does not limit or preclude the enforcement
by a legislative or executive body or a public agency of the rules
of procedure and rules of order of the body or agency.
SECTION 12. Section 27.007, Civil Practice and Remedies
Code, is repealed.
SECTION 13. Chapter 27, Civil Practice and Remedies Code,
as amended by this Act, applies only to an action filed on or after
the effective date of this Act. An action filed before the
effective date of this Act is governed by the law applicable to the
action immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
SECTION 14. This Act takes effect September 1, 2019.