| 3 | 5 | | |
|---|
| 4 | 6 | | |
|---|
| 5 | 7 | | A BILL TO BE ENTITLED |
|---|
| 6 | 8 | | AN ACT |
|---|
| 7 | 9 | | relating to exemption of certain civil actions from being subject |
|---|
| 8 | 10 | | to a motion to dismiss on the basis of involving the exercise of |
|---|
| 9 | 11 | | certain constitutional rights. |
|---|
| 10 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 13 | | SECTION 1. Section 27.010(a), Civil Practice and Remedies |
|---|
| 12 | 14 | | Code, is amended to read as follows: |
|---|
| 13 | 15 | | (a) This chapter does not apply to: |
|---|
| 14 | 16 | | (1) an enforcement action that is brought in the name |
|---|
| 15 | 17 | | of this state or a political subdivision of this state by the |
|---|
| 16 | 18 | | attorney general, a district attorney, a criminal district |
|---|
| 17 | 19 | | attorney, or a county attorney; |
|---|
| 18 | 20 | | (2) a legal action brought against a person primarily |
|---|
| 19 | 21 | | engaged in the business of selling or leasing goods or services, if |
|---|
| 20 | 22 | | the statement or conduct arises out of the sale or lease of goods, |
|---|
| 21 | 23 | | services, or an insurance product, insurance services, or a |
|---|
| 22 | 24 | | commercial transaction in which the intended audience is an actual |
|---|
| 23 | 25 | | or potential buyer or customer; |
|---|
| 24 | 26 | | (3) a legal action seeking recovery for bodily injury, |
|---|
| 25 | 27 | | wrongful death, or survival or to statements made regarding that |
|---|
| 26 | 28 | | legal action; |
|---|
| 27 | 29 | | (4) a legal action brought under the Insurance Code or |
|---|
| 28 | 30 | | arising out of an insurance contract; |
|---|
| 29 | 31 | | (5) a legal action arising from an officer-director, |
|---|
| 30 | 32 | | employee-employer, or independent contractor relationship that: |
|---|
| 31 | 33 | | (A) seeks recovery for misappropriation of trade |
|---|
| 32 | 34 | | secrets or corporate opportunities; or |
|---|
| 33 | 35 | | (B) seeks to enforce a non-disparagement |
|---|
| 34 | 36 | | agreement or a covenant not to compete; |
|---|
| 35 | 37 | | (6) a legal action filed under Title 1, 2, 4, or 5, |
|---|
| 36 | 38 | | Family Code, or an application for a protective order under Chapter |
|---|
| 37 | 39 | | 7A, Code of Criminal Procedure; |
|---|
| 38 | 40 | | (7) a legal action brought under Chapter 17, Business & |
|---|
| 39 | 41 | | Commerce Code, other than an action governed by Section 17.49(a) |
|---|
| 40 | 42 | | of that chapter; |
|---|
| 41 | 43 | | (8) a legal action in which a moving party raises a |
|---|
| 42 | 44 | | defense pursuant to Section 160.010, Occupations Code, Section |
|---|
| 43 | 45 | | 161.033, Health and Safety Code, or the Health Care Quality |
|---|
| 44 | 46 | | Improvement Act of 1986 (42 U.S.C. 11101 et seq.); |
|---|
| 45 | 47 | | (9) an eviction suit brought under Chapter 24, |
|---|
| 46 | 48 | | Property Code; |
|---|
| 47 | 49 | | (10) a disciplinary action or disciplinary proceeding |
|---|
| 48 | 50 | | brought under Chapter 81, Government Code, or the Texas Rules of |
|---|
| 49 | 51 | | Disciplinary Procedure; |
|---|
| 50 | 52 | | (11) a legal action brought under Chapter 554, |
|---|
| 51 | 53 | | Government Code; [or] |
|---|
| 52 | 54 | | (12) a legal action based on a common law fraud claim; |
|---|
| 53 | 55 | | or |
|---|
| 54 | 56 | | (13) a legal action based on a common law legal |
|---|
| 55 | 57 | | malpractice claim. |
|---|
| 56 | 58 | | SECTION 2. Section 27.010(a), Civil Practice and Remedies |
|---|
| 57 | 59 | | Code, as amended by this Act, applies only to an action commenced on |
|---|
| 58 | 60 | | or after the effective date of this Act. An action commenced before |
|---|
| 59 | 61 | | the effective date of this Act is governed by the law applicable to |
|---|
| 60 | 62 | | the action immediately before the effective date of this Act, and |
|---|
| 61 | 63 | | that law is continued in effect for that purpose. |
|---|
| 62 | 64 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|