Texas 2019 - 86th Regular

Texas Senate Bill SB2162 Compare Versions

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

Old	New	Differences
1	1	By: Paxton S.B. No. 2162
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to civil actions involving the exercise of certain
7	7	constitutional rights.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 27.001(2) and (6), Civil Practice and
10	10	Remedies Code, are amended to read as follows:
11	11	(2) "Exercise of the constitutional right to petition,
12	12	speak freely, or associate freely [of association]" means the
13	13	exercise of the right to petition, speak freely, or associate
14	14	freely as those rights are provided by the constitutions of this
15	15	state and the United States, as applied by the courts of this state
16	16	and the United States [a communication between individuals who join
17	17	together to collectively express, promote, pursue, or defend common
18	18	interests].
19	19	(6) "Legal action" means a lawsuit, cause of action,
20	20	petition, complaint, cross-claim, or counterclaim or any other
21	21	judicial pleading or filing that requests substantive relief,
22	22	regardless of whether the relief is legal or equitable [relief].
23	23	The term does not include:
24	24	(A) a motion or action related to discovery made
25	25	or taken under the Texas Rules of Civil Procedure, including a
26	26	motion to compel, or objection to, discovery, a motion seeking a
27	27	protective order related to discovery, or the issuance of a
28	28	subpoena;
29	29	(B) a motion for summary judgment;
30	30	(C) a motion to dismiss a legal action under
31	31	Section 27.003;
32	32	(D) a procedure that relates to enforcement of a
33	33	final court order; or
34	34	(E) a motion for sanctions or award of attorney's
35	35	fees.
36	36	SECTION 2. Section 27.002, Civil Practice and Remedies Code,
37	37	is amended to read as follows:
38	38	Sec. 27.002. PURPOSE. The purpose of this chapter is to
39	39	provide a set of procedures to encourage and safeguard the
40	40	constitutional rights of persons to petition, speak freely,
41	41	associate freely, and otherwise participate in government to the
42	42	maximum extent permitted by law and, at the same time, protect the
43	43	rights of a person to file meritorious lawsuits for demonstrable
44	44	injury.
45	45	SECTION 3. Section 27.003(a), Civil Practice and Remedies
46	46	Code, is amended to read as follows:
47	47	(a) If a legal action is based on[, relates to,] or is in
48	48	response to a party's exercise of the constitutional right [of free
49	49	speech, right] to petition, speak freely, or associate freely
50	50	[right of association], that party may file a motion to dismiss the
51	51	legal action.
52	52	SECTION 4. Section 27.004, Civil Practice and Remedies Code,
53	53	is amended by adding Subsections (d) and (e) to read as follows:
54	54	(d) A hearing on a motion to dismiss filed under this
55	55	chapter must be set not earlier than 21 days after service of the
56	56	motion.
57	57	(e) Each party must have at least 14 days' notice of a
58	58	hearing on a motion to dismiss filed under this chapter.
59	59	SECTION 5. Section 27.005, Civil Practice and Remedies Code,
60	60	is amended by amending Subsections (a), and (b), and adding
61	61	Subsection (e) to read as follows:
62	62	(a) Except as provided by Subsection (e), the [The] court
63	63	must rule on a motion under Section 27.003 not later than the 30th
64	64	day following the date of the hearing on the motion.
65	65	(b) Except as provided by Subsection (c), on the motion of a
66	66	party under Section 27.003, a court shall dismiss a legal action
67	67	against the moving party if the moving party shows by a
68	68	preponderance of the evidence that the legal action is based on,
69	69	[relates to,] or is in response to the party's exercise of the
70	70	constitutional right to petition, speak freely, or associate freely
71	71	[:
72	72	[(1) the right of free speech;
73	73	[(2) the right to petition; or
74	74	[(3) the right of association].
75	75	(e) The court may not rule on a motion to dismiss filed under
76	76	this chapter if the responding party files a nonsuit of the
77	77	challenged legal action on or before the third day before the date
78	78	of the hearing on the motion.
79	79	SECTION 6. Section 27.008, Civil Practice and Remedies Code,
80	80	is amended to read as follows:
81	81	Sec. 27.008. APPEAL. (a) If a court does not rule on a
82	82	motion to dismiss under Section 27.003 in the time prescribed by
83	83	Section 27.005(a) [27.005], the motion is considered to have been
84	84	denied by operation of law and the moving party may appeal.
85	85	(b) An appellate court shall expedite an appeal or other
86	86	writ, whether interlocutory or not, from a trial court order on a
87	87	motion to dismiss a legal action under Section 27.003 or from a
88	88	trial court's failure to rule on that motion in the time prescribed
89	89	by Section 27.005(a) [27.005].
90	90	SECTION 7. Section 27.009, Civil Practice and Remedies Code,
91	91	is amended by adding Subsection (c) to read as follows:
92	92	(c) The court may not award any costs, fees, expenses, or
93	93	sanctions for a motion to dismiss filed under this chapter if the
94	94	responding party nonsuited the challenged legal action in the time
95	95	prescribed by Section 27.005(e).
96	96	SECTION 8. Section 27.010, Civil Practice and Remedies Code,
97	97	is amended to read as follows:
98	98	Sec. 27.010. EXEMPTIONS. [(a)] This chapter does not apply
99	99	to:
100	100	(1) an enforcement action that is brought in the name of
101	101	this state or a political subdivision of this state by the attorney
102	102	general, a district attorney, a criminal district attorney, or a
103	103	county attorney;
104	104	(2) [(b) This chapter does not apply to] a legal action
105	105	brought against a person primarily engaged in the business of
106	106	selling or leasing goods or services, if the statement or conduct
107	107	arises out of the sale or lease of goods, services, or an insurance
108	108	product, insurance services, or a commercial transaction in which
109	109	the intended audience is an actual or potential buyer or customer;
110	110	(3)[.
111	111	[(c) This chapter does not apply to] a legal action seeking
112	112	recovery for bodily injury, wrongful death, or survival or to
113	113	statements made regarding that legal action;
114	114	(4)[.
115	115	[(d) This chapter does not apply to] a legal action brought
116	116	under the Insurance Code or arising out of an insurance contract;
117	117	(5) a compulsory counterclaim under the Texas Rules of
118	118	Civil Procedure;
119	119	(6) a legal action filed under Title 1, 2, 4, or 5,
120	120	Family Code, or an application for a protective order made under
121	121	Chapter 7A, Code of Criminal Procedure; or
122	122	(7) a legal action to enforce:
123	123	(A) a noncompete agreement;
124	124	(B) a nondisclosure agreement; or
125	125	(C) a non-disparagement agreement.
126	126	SECTION 9. Sections 27.001(1), (3), (4), (5), (7), (8), and
127	127	(9), Civil Practice and Remedies Code, are repealed.
128	128	SECTION 10. Chapter 27, Civil Practice and Remedies Code, as
129	129	amended by this Act, applies only to an action filed on or after the
130	130	effective date of this Act. An action filed before the effective
131	131	date of this Act is governed by the law in effect immediately before
132	132	that date, and that law is continued in effect for that purpose.
133	133	SECTION 11. This Act takes effect September 1, 2019.