Current Bills

Two nearly identical bills were introduced in the 2007 legislative session by Rep. David Leibowitz and Rep. Richard Raymond:

HB 1089

HB 1130

Past Bills

A bill introduced in 1995 passed the state House of Representatives (149 - 1) but not the Senate. A new bill was introduced in 1997 by Rep. Richard Raymond (H.B. 1319). On April 14 the bill unanimously passed the House State Affairs Committee with only minor amendments. The bill was calendared for action in the House but died for lack of action because of a deluge of pending bills at the end of the regular session.

In 1999 a new anti-SLAPP bill (H.B. 2488) was introduced by State Representative Dale Tillery (D-Dallas). The bill passed in the House. It was heard at the last minute in the Senate Committee on State Affairs, whose members voted against it.

The 1999 bill was drafted and sponsored by Texas Neighborhoods Together, a statewide coalition of citywide umbrella neighborhood associations. TNT represents some 900 neighborhood associations, homeowners associations, and civic leagues. The bill was supported by, among others, the Texas Municipal League, the City of Dallas, and the Texas Trial Lawyers Association.

In 2001 the same bill was reintroduced by Rep. Tillery (H.B. 1834), but was not reported out of the House Civil Practices Committee. Another anti-SLAPP bill, H.B. 2723, passed but was vetoed by the governor on June 17, 2001.

The fifth attempt to enact an anti-SLAPP law in Texas began March 11, 2003, when Rep. Richard Raymond introduced HB 2267. The bill was passed out of the House Civil Practices Committee after public testimony but was lost in the legislature's focus on redrawing boundaries of Congressional district.

On Feb. 2, 2005 Rep. Richard Raymond introduced HB 329. The bill provided a mechanism for dismissing "bad faith" complaints (defined as either "groundless" or brought for the purpose of harrassing or intimidating) against persons who have complained to a government (or "quasi-government") agency. It did not expressly refer to constitutionally protected expression or the right of petition. The bill was stopped by Rep. Joe Nixon (R-Houston), who chaired the House Civil Practices Committee. He announced a public hearing on the bill. Witnesses from around the state assembled in Austin to testify for the bill. Rep. Nixon stood on the floor of the House and announced that he had cancelled the hearing. (As reported by Tom Blackwell.)

Resources

Baruch, Chad. "If I Had a Hammer: Defending Slapp Suits in Texas." 3 Texas Wesleyan Law Review 55-70 (1996).

Baruch, chad. "SLAPPed Around." 8 Journal of Texas Consumer Law 36-39 (fall 2004). (Link to PDF file.)