H.B. No. 2973
 
 
 
 
AN ACT
  relating to encouraging public participation by citizens by
  protecting a person's right to petition, right of free speech, and
  right of association from meritless lawsuits arising from actions
  taken in furtherance of those rights.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Citizens
  Participation Act.
         SECTION 2.  Subtitle B, Title 2, Civil Practice and Remedies
  Code, is amended by adding Chapter 27 to read as follows:
  CHAPTER 27.  ACTIONS INVOLVING THE EXERCISE OF CERTAIN
  CONSTITUTIONAL RIGHTS
         Sec. 27.001.  DEFINITIONS. In this chapter:
               (1)  "Communication" includes the making or submitting
  of a statement or document in any form or medium, including oral,
  visual, written, audiovisual, or electronic.
               (2)  "Exercise of the right of association" means a
  communication between individuals who join together to
  collectively express, promote, pursue, or defend common interests.
               (3)  "Exercise of the right of free speech" means a
  communication made in connection with a matter of public concern.
               (4)  "Exercise of the right to petition" means any of
  the following:
                     (A)  a communication in or pertaining to:
                           (i)  a judicial proceeding;
                           (ii)  an official proceeding, other than a
  judicial proceeding, to administer the law;
                           (iii)  an executive or other proceeding
  before a department of the state or federal government or a
  subdivision of the state or federal government;
                           (iv)  a legislative proceeding, including a
  proceeding of a legislative committee;
                           (v)  a proceeding before an entity that
  requires by rule that public notice be given before proceedings of
  that entity;
                           (vi)  a proceeding in or before a managing
  board of an educational or eleemosynary institution supported
  directly or indirectly from public revenue;
                           (vii)  a proceeding of the governing body of
  any political subdivision of this state;
                           (viii)  a report of or debate and statements
  made in a proceeding described by Subparagraph (iii), (iv), (v),
  (vi), or (vii); or
                           (ix)  a public meeting dealing with a public
  purpose, including statements and discussions at the meeting or
  other matters of public concern occurring at the meeting;
                     (B)  a communication in connection with an issue
  under consideration or review by a legislative, executive,
  judicial, or other governmental body or in another governmental or
  official proceeding;
                     (C)  a communication that is reasonably likely to
  encourage consideration or review of an issue by a legislative,
  executive, judicial, or other governmental body or in another
  governmental or official proceeding;
                     (D)  a communication reasonably likely to enlist
  public participation in an effort to effect consideration of an
  issue by a legislative, executive, judicial, or other governmental
  body or in another governmental or official proceeding; and
                     (E)  any other communication that falls within the
  protection of the right to petition government under the
  Constitution of the United States or the constitution of this
  state.
               (5)  "Governmental proceeding" means a proceeding,
  other than a judicial proceeding, by an officer, official, or body
  of this state or a political subdivision of this state, including a
  board or commission, or by an officer, official, or body of the
  federal government.
               (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 or equitable
  relief.
               (7)  "Matter of public concern" 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.
               (8)  "Official proceeding" means any type of
  administrative, executive, legislative, or judicial proceeding
  that may be conducted before a public servant.
               (9)  "Public servant" means a person elected, selected,
  appointed, employed, or otherwise designated as one of the
  following, even if the person has not yet qualified for office or
  assumed the person's duties:
                     (A)  an officer, employee, or agent of government;
                     (B)  a juror;
                     (C)  an arbitrator, referee, or other person who
  is authorized by law or private written agreement to hear or
  determine a cause or controversy;
                     (D)  an attorney or notary public when
  participating in the performance of a governmental function; or
                     (E)  a person who is performing a governmental
  function under a claim of right but is not legally qualified to do
  so.
         Sec. 27.002.  PURPOSE.  The purpose of this chapter is to
  encourage and safeguard the constitutional rights of persons to
  petition, speak freely, associate freely, and otherwise
  participate in government to the maximum extent permitted by law
  and, at the same time, protect the rights of a person to file 
  meritorious lawsuits for demonstrable injury.
         Sec. 27.003.  MOTION TO DISMISS. (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,
  that party may file a motion to dismiss the legal action.
         (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 court may extend the time to file a motion
  under this section on a showing of good cause.
         (c)  Except as provided by Section 27.006(b), on the filing
  of a motion under this section, all discovery in the legal action is
  suspended until the court has ruled on the motion to dismiss.
         Sec. 27.004.  HEARING. A hearing on a motion under Section
  27.003 must be set not later than the 30th day after the date of
  service of the motion unless the docket conditions of the court
  require a later hearing.
         Sec. 27.005.  RULING. (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.
         (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 shows by a
  preponderance of the evidence that the legal action is based on,
  relates to, or is in response to the party's exercise of:
               (1)  the right of free speech;
               (2)  the right to petition; or
               (3)  the right of association.
         (c)  The court may not dismiss a legal action under this
  section if the party bringing the legal action establishes by clear
  and specific evidence a prima facie case for each essential element
  of the claim in question.
         Sec. 27.006.  EVIDENCE. (a) In determining whether a legal
  action should be dismissed under this chapter, the court shall
  consider the pleadings and supporting and opposing affidavits
  stating the facts on which the liability or defense is based.
         (b)  On a motion by a party or on the court's own motion and
  on a showing of good cause, the court may allow specified and
  limited discovery relevant to the motion.
         Sec. 27.007.  ADDITIONAL FINDINGS. (a) 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.
         (b)  The court must issue findings under Subsection (a) not
  later than the 30th day after the date a request under that
  subsection is made.
         Sec. 27.008.  APPEAL. (a) If a court does not rule on a
  motion to dismiss under Section 27.003 in the time prescribed by
  Section 27.005, the motion is considered to have been denied by
  operation of law and the moving party may appeal.
         (b)  An appellate court shall expedite an appeal or other
  writ, whether interlocutory or not, from a trial court order on a
  motion to dismiss a legal action under Section 27.003 or from a
  trial court's failure to rule on that motion in the time prescribed
  by Section 27.005.
         (c)  An appeal or other writ under this section must be filed
  on or before the 60th day after the date the trial court's order is
  signed or the time prescribed by Section 27.005 expires, as
  applicable.
         Sec. 27.009.  DAMAGES AND COSTS. (a) If the court orders
  dismissal of a legal action under this chapter, the court shall
  award to the moving party:
               (1)  court costs, reasonable attorney's fees, and other
  expenses incurred in defending against the legal action as justice
  and equity may require; and
               (2)  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.
         (b)  If the court finds that a motion to dismiss filed under
  this chapter is frivolous or solely intended to delay, the court may
  award court costs and reasonable attorney's fees to the responding
  party.
         Sec. 27.010.  EXEMPTIONS. (a)  This chapter does not apply
  to 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.
         (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 or a
  commercial transaction in which the intended audience is an actual
  or potential buyer or customer.
         (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.
         Sec. 27.011.  CONSTRUCTION.  (a)  This chapter does not
  abrogate or lessen any other defense, remedy, immunity, or
  privilege available under other constitutional, statutory, case,
  or common law or rule provisions.
         (b)  This chapter shall be construed liberally to effectuate
  its purpose and intent fully.
         SECTION 3.  The change in law made by this Act applies only
  to a legal action filed on or after the effective date of this Act.  
  A legal 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 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2973 was passed by the House on May 4,
  2011, by the following vote:  Yeas 142, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2973 on May 21, 2011, by the following vote:  Yeas 141, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2973 was passed by the Senate, with
  amendments, on May 18, 2011, by the following vote:  Yeas 31, Nays
  0
  .
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor