Bill Text: TX HB2770 | 2023-2024 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to exemption of certain civil actions from being subject to a motion to dismiss on the basis of involving the exercise of certain constitutional rights.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB2770 Detail]

Download: Texas-2023-HB2770-Introduced.html

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By: DeAyala H.B. No. 2770

A BILL TO BE ENTITLED
AN ACT
relating to helping ensure the timely enforcement of the Texas
Election Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 27.010 of the 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) 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) a legal action seeking recovery for bodily injury,
wrongful death, or survival or to statements made regarding that
legal action;
(4) 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 Subchapter A,
Chapter 7B, 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;
(12) a legal action authorized by, or to enforce any
provision of, the Election Code; or
(12)(13) 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 2. This Act takes effect September 1, 2023.