H.B. No. 2488
A BILL TO BE ENTITLED AN ACT relating to civil actions based upon communications or decisions concerning matters pending before governmental agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Civil Practice and Remedies Code, is amended by adding Chapter 137 to read as follows:
CHAPTER 137. CIVIL ACTIONS BASED UPON COMMUNICATIONS OR DECISIONS CONCERNING MATTERS PENDING BEFORE GOVERNMENTAL AGENCIES
Sec. 137.001. DEFINITIONS. In this chapter:
(1) "Good faith" means,
(A) with respect to a communication, that at the time the communication was made the defendant had a reasonable basis in fact for making the communication; and
(B) with respect to a decision, that at the time the decision was made the defendant had a reasonable basis to believe that the decision was authorized by law and was in the best interest of the governmental agency of which the defendant was an elected or appointed official.
(2) "Governmental agency" means:
(A) this state, another state of the United
States, or the United States;
(B) any court, institution, agency, political subdivision, or organ of government established by the constitution or laws of this state, of another state of the United States, or of the United States, including a department, bureau, board, commission, office, or council; or
(C) a law enforcement agency.
Sec. 137.002. NO LIABILITY FOR GOOD FAITH COMMUNICATION OR DECISION.
(a) A person is not liable for monetary damages or subject to injunctive or declaratory relief based upon:
(1) a communication to a governmental agency, a public official, the public information media, or another person relating to a matter reasonably of concern to a governmental agency or public official; or
(2) a decision by the person as an elected or appointed official of a governmental agency.
(b) Subsection (a) does not apply if the claimant establishes by clear and convincing evidence that the communication or decision was not made in good faith.
(c) The defense conferred by this section shall not apply in a civil action against a governmental agency or an elected or appointed official of a governmental agency in the official's official capacity.
(d) The defense conferred by this section shall be in addition to all other defenses or immunities conferred by applicable law.
(e) This section does not create a cause of action.
Sec. 137.003. BURDEN OF PLEADING.
(a) The claimant in a civil action based upon a communication or decision described in Section 137.002(a) shall have the burden of pleading with particularity all material facts that the claimant contends establish the right to recovery, including all facts supporting the contention that the communication or decision was not made in good faith. Each fact asserted in the pleading must be verified by affidavit made on personal knowledge unless the truth of the fact appears of record.
(b) The court shall, on motion by the defendant or on the court's own motion, review the pleadings to determine compliance with Subsection (a).
Sec. 137.004. VENUE. A civil action based upon a communication or decision described in Section 137.002(a) shall be brought:
(a) in the county of the defendant's residence if the defendant is a natural person;
(b) in the county in which the defendant's principal office is located if the defendant is not a natural person; or
(c) in the county in which the complaint was made, if the defendant is a natural person who is not a resident of this state or if the defendant is not a natural person and does not have an office in this state.
Sec. 137.004. MOTION FOR SECURITY FOR COSTS AND EXPENSES.
(a) In a civil action based upon a communication or decision described in Section 137.002(a), the defendant may at any time file a motion seeking security for costs and litigation expenses. The motion shall be heard not more than 30 days after it is filed unless the docket conditions of the court require a later hearing.
(b) The court shall grant the motion unless the claimant proves, by a preponderance of the evidence, that the complaint or decision was not made in good faith.
(c) Upon granting the motion, the court shall require the claimant to post security in an amount sufficient to secure the defendant's costs and reasonable attorneys' fees, reasonable expert witness fees, and other reasonable litigation expenses. The amount of the security may be reviewed and adjusted by the court at any time upon motion of any party.
(d) If the claimant fails to post security in the required amount within 14 days after the signing of an order requiring security, the court shall promptly dismiss the claimant's action with prejudice.
(e) All discovery proceedings shall be stayed during the pendency of a motion for security pursuant to this section and pending the posting of any security required pursuant to such a motion, except that the court may, upon motion and for good cause shown, permit specified discovery to be conducted.
Sec. 137.005. LIABILITY FOR COSTS, EXPENSES, AND DAMAGES.
(a) The defendant in a civil action based upon a communication or decision described in Section 137.002(a) may recover the defendant's costs and reasonable attorneys' fees, reasonable expert witness fees, and other reasonable litigation expenses from the claimant unless the claimant prevails in such action.
(b) The defendant in a civil action based upon a communication or decision described in Section 137.002(a) may recover the defendant's actual damages, other than costs and reasonable attorneys' fees, reasonable expert witness fees, and other reasonable litigation expenses, from the claimant if the defendant proves that the action was brought in violation of Chapter 9 or Chapter 10, Texas Civil Practice & Remedies Code.
(c) The defendant in a civil action based upon a communication or decision described in Section 137.002(a) may recover exemplary damages from the claimant if the defendant proves that the action was brought for the purpose of harassment, to inhibit the defendant's communication or decision, to retaliate for such communication or decision, to interfere with the defendant's exercise of protected constitutional rights, or to otherwise wrongfully injure the defendant.
SECTION 2. This Act applies only to a claim filed on or after the effective date of this Act. A claim filed before the effective date of this Act is governed by the law applicable to the claim immediately before the effective date of this Act, and that law is continued in effect for that purpose.
SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.
Return to Texas