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A BILL TO BE ENTITLED
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AN ACT
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relating to civil actions against persons who file complaints with |
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governmental agencies or quasi-governmental entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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amended by adding Chapter 140 to read as follows: |
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CHAPTER 140. CIVIL ACTIONS AGAINST PERSONS FILING COMPLAINTS WITH |
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GOVERNMENTAL AGENCIES OR QUASI-GOVERNMENTAL ENTITIES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 140.001. DEFINITIONS. In this chapter: |
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(1) "Bad faith" with respect to a suit to which this |
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chapter applies means a suit that is: |
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(A) groundless; or |
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(B) brought for the purpose of: |
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(i) harassing or intimidating a |
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complainant; or |
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(ii) obtaining the withdrawal of a |
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complaint. |
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(2) "Claimant" means a person who brings a suit to |
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which this chapter applies against a complainant. |
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(3) "Complainant" means a person who makes a complaint |
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or who communicates information relevant to a complaint. |
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(4) "Complaint" means a written or oral statement, |
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report, or other communication made to or kept by a governmental |
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agency or quasi-governmental entity. |
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(5) "Exemplary damages" has the meaning assigned by |
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Chapter 41. |
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(6) "Good faith" with respect to a complaint means |
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that at the time the complaint was made or intended to be made the |
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complainant had: |
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(A) any reasonable basis in fact for making the |
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complaint; and |
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(B) any reasonable basis to believe that the |
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governmental agency or quasi-governmental entity to which the |
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complaint was made had authority or jurisdiction to receive or |
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review the complaint. |
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(7) "Governmental agency" means: |
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(A) this state, another state of the United |
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States, or the United States; |
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(B) any court, institution, agency, political |
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subdivision, or organ of government established by the constitution |
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or laws of this state, of another state of the United States, or of |
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the United States, including a department, bureau, board, |
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commission, office, or council; or |
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(C) a law enforcement agency. |
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(8) "Groundless" means: |
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(A) without basis in fact; or |
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(B) not warranted by existing law or a good faith |
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argument for the extension, modification, or reversal of existing |
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law. |
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(9) "Quasi-governmental entity" means a person who, |
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under law or under a formal or informal request by, agreement with, |
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delegation of authority by, or rule adopted by a governmental |
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agency: |
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(A) receives or reviews complaints for the |
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agency; or |
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(B) performs a function of the agency. |
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(10) "SLAPP" means a suit: |
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(A) filed against a complainant that: |
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(i) is filed by or on behalf of a person who |
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may be adversely affected by the filing of the complaint; and |
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(ii) alleges that the contents of or the |
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filing of the complaint constitutes a basis for relief, including a |
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claim alleging that the contents of the complaint constitute libel |
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or slander; or |
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(B) that seeks an order prohibited by Section |
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140.005. |
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Sec. 140.002. APPLICABILITY; SCOPE. (a) This chapter |
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applies only to a suit that is a SLAPP. |
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(b) Notwithstanding Subsection (a), this chapter does not |
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apply to a suit if: |
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(1) the complaint is confidential by other law and not |
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a public record available to a member of the public who is not |
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affected by the complaint and the complainant communicated the |
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contents of the complaint to a person other than to the governmental |
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agency or quasi-governmental entity that initially received or |
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reviewed the complaint; |
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(2) the complainant is an employee or former employee |
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of the person who is the subject of the complaint; or |
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(3) the complainant has been finally convicted of a |
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criminal offense under the law of this or another state or Title 18, |
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United States Code, or a successor statute, committed in connection |
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with the complaint, and the pleadings alleging a right to civil |
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recovery are limited to the basis of the record of the final |
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criminal conviction. |
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(c) This chapter does not create or authorize a cause of |
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action against a governmental agency, a quasi-governmental entity, |
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or an officer, agent, or employee of a governmental agency or |
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quasi-governmental entity acting in the course and scope of the |
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person's duties or employment. Notwithstanding Chapter 104, the |
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state is not liable for indemnification of a person for damages |
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arising under this chapter. |
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Sec. 140.003. VENUE. A suit governed by this chapter shall |
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be brought: |
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(1) in the county of the complainant's residence if the |
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complainant is a natural person; |
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(2) in the county in which the complainant's principal |
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office is located if the complainant is not a natural person; or |
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(3) in the county in which the complaint was made, if |
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the complainant: |
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(A) is a natural person who is not a resident of |
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this state; or |
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(B) is not a natural person and does not have an |
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office in this state. |
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Sec. 140.004. REMOVAL. Notwithstanding any other law, on |
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motion of the complainant, a suit to which this chapter applies that |
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is brought in a court other than a district court may be removed to a |
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district court in which venue is authorized under Section 140.003. |
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Sec. 140.005. CERTAIN ORDERS PROHIBITED. A court of this |
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state may not issue a temporary restraining order, temporary |
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injunction, permanent injunction, or other order prohibiting a |
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complainant from communicating with a governmental agency or |
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quasi-governmental entity concerning the subject matter of a |
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complaint or a suit to which this chapter applies. |
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Sec. 140.006. NO LIABILITY FOR GOOD FAITH COMPLAINT. (a) A |
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complainant who makes a complaint in good faith is not: |
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(1) liable for monetary damages arising from the |
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complaint; or |
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(2) subject to injunctive or declaratory relief with |
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respect to the complaint. |
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(b) A complaint is presumed to be made in good faith. A |
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complainant may prove the complaint is made in good faith by |
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demonstrating that a reasonably prudent person, under the same or |
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similar circumstances, could have believed that: |
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(1) a reasonable basis in fact existed for making the |
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complaint; and |
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(2) the agency or entity to which the complaint was |
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made had authority or jurisdiction to receive or review the |
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complaint. |
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[Sections 140.007-140.050 reserved for expansion] |
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SUBCHAPTER B. DETERMINATION OF WHETHER COMPLAINT WAS MADE IN GOOD |
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FAITH OR BAD FAITH; CONSEQUENCES |
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Sec. 140.051. BURDEN OF PLEADING. (a) A person asserting a |
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claim in a suit to which this chapter applies must plead with |
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particularity all material facts that the person contends establish |
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the right to recovery, including all facts supporting the |
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contention that the complainant did not act in good faith. Each |
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fact asserted in the pleading must be verified by an affidavit made |
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on personal knowledge unless the truth of the fact appears of |
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record. |
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(b) The court shall, on motion by the complainant or on the |
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court's own motion, review the pleadings to determine compliance |
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with Subsection (a). |
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Sec. 140.052. DISMISSAL; EXPEDITED HEARING TO DETERMINE BAD |
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FAITH CLAIM. (a) The court shall promptly dismiss a suit to which |
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this chapter applies if: |
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(1) the complainant demonstrates in accordance with |
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Section 140.006(b) that the complaint that is the subject of the |
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claim was made in good faith; or |
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(2) the pleadings fail to allege: |
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(A) a cause of action against the complainant for |
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which relief may be granted; or |
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(B) facts sufficient to rebut the presumption |
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that the complaint was filed in good faith. |
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(b) On motion of the complainant, a court that dismisses a |
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suit under Subsection (a) shall promptly hold a hearing to |
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determine whether the suit was brought in bad faith. |
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(c) A complainant must file the motion for an expedited |
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hearing under Subsection (b) not later than the 31st day after the |
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date on which the order dismissing the suit is final. On request of |
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a party, the hearing shall be before a jury. The Texas Rules of |
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Civil Procedure apply to the selection of the jury, the court's |
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charge to the jury, and all other aspects of the proceedings. |
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(d) On motion of the complainant in a suit involving three |
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or more parties, the court shall sever the claims as necessary to |
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allow relief granted under Subsection (a) or Section 140.053 to |
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become immediately final and appealable. |
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Sec. 140.053. LIABILITY FOR BAD FAITH CLAIM; EXEMPLARY |
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DAMAGES AUTHORIZED. (a) If the trier of fact determines that a |
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suit to which this chapter applies was brought in bad faith, |
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judgment may be entered awarding the complainant: |
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(1) actual damages; |
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(2) attorney's fees and court costs under Section |
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140.055; and |
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(3) exemplary damages against the person who brought |
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the suit. |
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(b) A person against whom judgment is entered under this |
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section and the person's attorney are jointly and severally liable |
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for damages awarded under this section. |
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Sec. 140.054. TIME FOR FILING CERTAIN PLEADINGS AND |
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MOTIONS. On or before the 31st day after the date a suit is |
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dismissed under Section 140.052(a) or a judgment under this chapter |
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holding that a complaint was filed in good faith is final, the |
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complainant against whom the suit was filed may file additional |
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pleadings or motions with the court, regardless of whether the time |
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for filing the pleading or motion would be barred under Chapter 16 |
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or any other statute of limitation or repose, to assert a claim |
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against the claimant who brought the suit that arises out of the |
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filing of the suit. |
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Sec. 140.055. COURT COSTS AND ATTORNEY'S FEES. A |
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complainant is entitled to recover court costs and reasonable and |
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necessary attorney's fees if judgment is entered holding a |
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complaint made the basis of a suit to which this chapter applies was |
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filed in good faith. |
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Sec. 140.056. PROFESSIONAL DISCIPLINE. (a) If judgment is |
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entered against an attorney under Section 140.053(b), the attorney |
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is subject to professional discipline for professional misconduct |
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in accordance with Subchapter E, Chapter 81, Government Code, and |
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Section 82.062, Government Code. |
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(b) The court shall promptly report a judgment described by |
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Subsection (a) to an appropriate grievance committee under Chapter |
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81, Government Code, or under a similar law in any jurisdiction in |
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which the attorney resides or is licensed. |
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(c) A report under Subsection (b) must contain: |
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(1) the name of the attorney against whom judgment was |
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entered; |
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(2) the jury verdict or findings of fact by the court; |
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and |
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(3) the judgment. |
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Sec. 140.057. REFERRAL TO DISTRICT ATTORNEY OR FEDERAL |
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AUTHORITIES. (a) If the court or the trier of fact finds that a |
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person may have committed a criminal act in the course of the |
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proceedings in a suit to which this chapter applies, including a |
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criminal act related to an improper interference with or delay of |
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another government proceeding, or harassment of a witness in any |
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proceeding, the court shall submit a written report to the district |
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attorney or appropriate federal agency. This section does not |
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limit any other remedies or penalties available to the court. |
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(b) A report under this section must contain: |
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(1) the name of the person alleged to have committed |
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the criminal act; |
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(2) the jury verdict or findings of fact by the court; |
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(3) a copy of the judgment; and |
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(4) a citation to this chapter and statement that the |
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report is provided in accordance with this section. |
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SECTION 2. This Act applies only to a suit filed on or after |
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the effective date of this Act. A suit filed before the effective |
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date of this Act is governed by the law applicable to the suit |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |