H.B. No. 2730
 
 
 
 
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), (6), and (7), Civil Practice
  and Remedies Code, are amended to read as follows:
               (2)  "Exercise of the right of association" means to [a
  communication between individuals who] join together to
  collectively express, promote, pursue, or defend common interests
  relating to a governmental proceeding or a matter of public
  concern.
               (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, declaratory, or
  equitable relief. The term does not include:
                     (A)  a procedural action taken or motion made in
  an action that does not amend or add a claim for legal, equitable,
  or declaratory relief;
                     (B)  alternative dispute resolution proceedings;
  or
                     (C)  post-judgment enforcement actions.
               (7)  "Matter of public concern" means a statement or
  activity regarding:
                     (A)  a public official, public figure, or other
  person who has drawn substantial public attention due to the
  person's official acts, fame, notoriety, or celebrity;
                     (B)  a matter of political, social, or other
  interest to the community; or
                     (C)  a subject of concern to the public [includes
  an issue related to:
                     [(A)  health or safety;
                     [(B)     environmental, economic, or community
  well-being;
                     [(C)  the government;
                     [(D)  a public official or public figure; or
                     [(E)     a good, product, or service in the
  marketplace].
         SECTION 2.  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)  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 or arises from any act of that
  party in furtherance of the party's communication or conduct
  described by Section 27.010(b), that party may file a motion to
  dismiss the legal action. A party under this section does not
  include a government entity, agency, or an official or employee
  acting in an official capacity.
         (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, upon mutual agreement, may
  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 written notice of the
  date and time of the hearing under Section 27.004 not later than 21
  days before the date of the hearing unless otherwise provided by
  agreement of the parties or an order of the court.
         (e)  A party responding to the motion to dismiss shall file
  the response, if any, not later than seven days 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 3.  Sections 27.005(a), (b), 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 [of] the hearing on the
  motion concludes.
         (b)  Except as provided by Subsection (c), on the motion of a
  party under Section 27.003, a court shall dismiss a legal action
  against the moving party if the moving party demonstrates [shows by
  a preponderance of the evidence] that the legal action is based on[,
  relates to,] or is in response to:
               (1)  the party's exercise of:
                     (A) [(1)]  the right of free speech;
                     (B) [(2)]  the right to petition; or
                     (C) [(3)]  the right of association; or
               (2)  the act of a party described by Section 27.010(b).
         (d)  Notwithstanding the provisions of Subsection (c), the
  court shall dismiss a legal action against the moving party if the
  moving party establishes an affirmative defense or other grounds on
  which the moving party is entitled to judgment as a matter of law
  [by a preponderance of the evidence each essential element of a
  valid defense to the nonmovant's claim].
         SECTION 4.  The heading to Section 27.006, Civil Practice
  and Remedies Code, is amended to read as follows:
         Sec. 27.006.  PROOF [EVIDENCE].
         SECTION 5.  Section 27.006(a), Civil Practice and Remedies
  Code, is amended to read as follows:
         (a)  In determining whether a legal action is subject to or
  should be dismissed under this chapter, the court shall consider
  the pleadings, evidence a court could consider under Rule 166a,
  Texas Rules of Civil Procedure, and supporting and opposing
  affidavits stating the facts on which the liability or defense is
  based.
         SECTION 6.  Section 27.007(a), Civil Practice and Remedies
  Code, is amended to read as follows:
         (a)  If the court awards sanctions under Section 27.009(b)
  [At the request of a party making a motion under Section 27.003],
  the court shall issue findings regarding whether the legal action
  was brought to deter or prevent the moving party from exercising
  constitutional rights and is brought for an improper purpose,
  including to harass or to cause unnecessary delay or to increase the
  cost of litigation.
         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. Neither the court's ruling
  on the motion nor the fact that it made such a ruling shall be
  admissible in evidence at any later stage of the case, and no burden
  of proof or degree of proof otherwise applicable shall be affected
  by the ruling.
         SECTION 8.  Section 27.009, Civil Practice and Remedies
  Code, is amended by amending Subsection (a) and adding Subsection
  (c) to read as follows:
         (a)  Except as provided by Subsection (c), if [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.
         (c)  If the court orders dismissal of a compulsory
  counterclaim under this chapter, the court may award to the moving
  party reasonable attorney's fees incurred in defending against the
  counterclaim if the court finds that the counterclaim is frivolous
  or solely intended for delay.
         SECTION 9.  Section 27.010, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 27.010.  EXEMPTIONS. (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)  [.
         [(b)  This chapter does not apply to] 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)  [.
         [(c)  This chapter does not apply to] a legal action seeking
  recovery for bodily injury, wrongful death, or survival or to
  statements made regarding that legal action;
               (4)  [.
         [(d)  This chapter does not apply to] 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 Chapter
  7A, 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.
         (b)  Notwithstanding Subsections (a)(2), (7), and (12), 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.
         (c)  This chapter applies to a legal action against a victim
  or alleged victim of family violence or dating violence as defined
  in Chapter 71, Family Code, or an offense under Chapter 20, 20A, 21,
  or 22, Penal Code, based on or in response to a public or private
  communication.
         SECTION 10.  If any provision of this Act or its application
  to any person or circumstance is held invalid, the invalidity does
  not affect other provisions or applications of this Act that can be
  given effect without the invalid provision or application, and to
  this end the provisions of this Act are declared to be severable.
         SECTION 11.  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 in effect
  immediately before that date, and that law is continued in effect
  for that purpose.
         SECTION 12.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2730 was passed by the House on April
  30, 2019, by the following vote:  Yeas 143, Nays 1, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2730 was passed by the Senate on May
  17, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor