88R22614 TSS-D
By: DeAyala H.B. No. 2770
Substitute the following for H.B. No. 2770:
By: Vasut C.S.H.B. No. 2770
A BILL TO BE ENTITLED
AN ACT
relating to exemption of certain civil actions from being subject
to a motion to dismiss on the basis of involving the exercise of
certain constitutional rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 27.010(a) and (b), Civil Practice and
Remedies Code, are amended to read as follows:
(a) This chapter does not apply to:
(1) an enforcement action that is brought in the name
of this state or a political subdivision of this state by the
attorney general, a district attorney, a criminal district
attorney, or a county attorney;
(2) a legal action brought against a person primarily
engaged in the business of selling or leasing goods or services, if
the statement or conduct arises out of the sale or lease of goods,
services, or an insurance product, insurance services, or a
commercial transaction in which the intended audience is an actual
or potential buyer or customer;
(3) a legal action seeking recovery for bodily injury,
wrongful death, or survival or to statements made regarding that
legal action;
(4) a legal action brought under the Insurance Code or
arising out of an insurance contract;
(5) a legal action arising from an officer-director,
employee-employer, or independent contractor relationship that:
(A) seeks recovery for misappropriation of trade
secrets or corporate opportunities; or
(B) seeks to enforce a non-disparagement
agreement or a covenant not to compete;
(6) a legal action filed under Title 1, 2, 4, or 5,
Family Code, or an application for a protective order under
Subchapter A, Chapter 7B, Code of Criminal Procedure;
(7) a legal action brought under Chapter 17, Business &
Commerce Code, other than an action governed by Section 17.49(a)
of that chapter;
(8) a legal action in which a moving party raises a
defense pursuant to Section 160.010, Occupations Code, Section
161.033, Health and Safety Code, or the Health Care Quality
Improvement Act of 1986 (42 U.S.C. 11101 et seq.);
(9) an eviction suit brought under Chapter 24,
Property Code;
(10) a disciplinary action or disciplinary proceeding
brought under Chapter 81, Government Code, or the Texas Rules of
Disciplinary Procedure;
(11) a legal action brought under Chapter 554,
Government Code; [or]
(12) a legal action based on a common law fraud claim;
or
(13) a legal action brought under or to enforce a
provision of the Election Code other than a provision of Title 15 of
that code.
(b) Notwithstanding Subsections (a)(2), (7), [and] (12),
and (13), this chapter applies to:
(1) a legal action against a person arising from any
act of that person, whether public or private, related to the
gathering, receiving, posting, or processing of information for
communication to the public, whether or not the information is
actually communicated to the public, for the creation,
dissemination, exhibition, or advertisement or other similar
promotion of a dramatic, literary, musical, political,
journalistic, or otherwise artistic work, including audio-visual
work regardless of the means of distribution, a motion picture, a
television or radio program, or an article published in a
newspaper, website, magazine, or other platform, no matter the
method or extent of distribution; and
(2) a legal action against a person related to the
communication, gathering, receiving, posting, or processing of
consumer opinions or commentary, evaluations of consumer
complaints, or reviews or ratings of businesses.
SECTION 2. Sections 27.010(a) and (b), Civil Practice and
Remedies Code, as amended by this Act, apply only to an action
commenced on or after the effective date of this Act. An action
commenced 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 3. This Act takes effect September 1, 2023.