| 1 | 1 | | 88R22614 TSS-D |
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| 2 | 2 | | By: DeAyala H.B. No. 2770 |
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| 3 | 3 | | Substitute the following for H.B. No. 2770: |
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| 4 | 4 | | By: Vasut C.S.H.B. No. 2770 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to exemption of certain civil actions from being subject |
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| 10 | 10 | | to a motion to dismiss on the basis of involving the exercise of |
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| 11 | 11 | | certain constitutional rights. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Sections 27.010(a) and (b), Civil Practice and |
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| 14 | 14 | | Remedies Code, are amended to read as follows: |
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| 15 | 15 | | (a) This chapter does not apply to: |
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| 16 | 16 | | (1) an enforcement action that is brought in the name |
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| 17 | 17 | | of this state or a political subdivision of this state by the |
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| 18 | 18 | | attorney general, a district attorney, a criminal district |
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| 19 | 19 | | attorney, or a county attorney; |
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| 20 | 20 | | (2) a legal action brought against a person primarily |
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| 21 | 21 | | engaged in the business of selling or leasing goods or services, if |
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| 22 | 22 | | the statement or conduct arises out of the sale or lease of goods, |
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| 23 | 23 | | services, or an insurance product, insurance services, or a |
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| 24 | 24 | | commercial transaction in which the intended audience is an actual |
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| 25 | 25 | | or potential buyer or customer; |
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| 26 | 26 | | (3) a legal action seeking recovery for bodily injury, |
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| 27 | 27 | | wrongful death, or survival or to statements made regarding that |
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| 28 | 28 | | legal action; |
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| 29 | 29 | | (4) a legal action brought under the Insurance Code or |
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| 30 | 30 | | arising out of an insurance contract; |
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| 31 | 31 | | (5) a legal action arising from an officer-director, |
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| 32 | 32 | | employee-employer, or independent contractor relationship that: |
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| 33 | 33 | | (A) seeks recovery for misappropriation of trade |
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| 34 | 34 | | secrets or corporate opportunities; or |
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| 35 | 35 | | (B) seeks to enforce a non-disparagement |
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| 36 | 36 | | agreement or a covenant not to compete; |
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| 37 | 37 | | (6) a legal action filed under Title 1, 2, 4, or 5, |
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| 38 | 38 | | Family Code, or an application for a protective order under |
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| 39 | 39 | | Subchapter A, Chapter 7B, Code of Criminal Procedure; |
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| 40 | 40 | | (7) a legal action brought under Chapter 17, Business & |
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| 41 | 41 | | Commerce Code, other than an action governed by Section 17.49(a) |
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| 42 | 42 | | of that chapter; |
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| 43 | 43 | | (8) a legal action in which a moving party raises a |
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| 44 | 44 | | defense pursuant to Section 160.010, Occupations Code, Section |
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| 45 | 45 | | 161.033, Health and Safety Code, or the Health Care Quality |
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| 46 | 46 | | Improvement Act of 1986 (42 U.S.C. 11101 et seq.); |
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| 47 | 47 | | (9) an eviction suit brought under Chapter 24, |
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| 48 | 48 | | Property Code; |
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| 49 | 49 | | (10) a disciplinary action or disciplinary proceeding |
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| 50 | 50 | | brought under Chapter 81, Government Code, or the Texas Rules of |
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| 51 | 51 | | Disciplinary Procedure; |
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| 52 | 52 | | (11) a legal action brought under Chapter 554, |
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| 53 | 53 | | Government Code; [or] |
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| 54 | 54 | | (12) a legal action based on a common law fraud claim; |
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| 55 | 55 | | or |
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| 56 | 56 | | (13) a legal action brought under or to enforce a |
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| 57 | 57 | | provision of the Election Code other than a provision of Title 15 of |
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| 58 | 58 | | that code. |
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| 59 | 59 | | (b) Notwithstanding Subsections (a)(2), (7), [and] (12), |
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| 60 | 60 | | and (13), this chapter applies to: |
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| 61 | 61 | | (1) a legal action against a person arising from any |
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| 62 | 62 | | act of that person, whether public or private, related to the |
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| 63 | 63 | | gathering, receiving, posting, or processing of information for |
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| 64 | 64 | | communication to the public, whether or not the information is |
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| 65 | 65 | | actually communicated to the public, for the creation, |
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| 66 | 66 | | dissemination, exhibition, or advertisement or other similar |
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| 67 | 67 | | promotion of a dramatic, literary, musical, political, |
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| 68 | 68 | | journalistic, or otherwise artistic work, including audio-visual |
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| 69 | 69 | | work regardless of the means of distribution, a motion picture, a |
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| 70 | 70 | | television or radio program, or an article published in a |
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| 71 | 71 | | newspaper, website, magazine, or other platform, no matter the |
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| 72 | 72 | | method or extent of distribution; and |
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| 73 | 73 | | (2) a legal action against a person related to the |
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| 74 | 74 | | communication, gathering, receiving, posting, or processing of |
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| 75 | 75 | | consumer opinions or commentary, evaluations of consumer |
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| 76 | 76 | | complaints, or reviews or ratings of businesses. |
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| 77 | 77 | | SECTION 2. Sections 27.010(a) and (b), Civil Practice and |
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| 78 | 78 | | Remedies Code, as amended by this Act, apply only to an action |
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| 79 | 79 | | commenced on or after the effective date of this Act. An action |
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| 80 | 80 | | commenced before the effective date of this Act is governed by the |
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| 81 | 81 | | law applicable to the action immediately before the effective date |
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| 82 | 82 | | of this Act, and that law is continued in effect for that purpose. |
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| 83 | 83 | | SECTION 3. This Act takes effect September 1, 2023. |
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