By: Lozano H.B. No. 3811       A BILL TO BE ENTITLED   AN ACT   relating to actions involving the exercise of certain   constitutional rights.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 27.001, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 27.001.  DEFINITIONS. In this chapter:                (1)  "Communication" means publicly [includes the]   making or submitting [of] a statement or document in any form or   medium, including oral, visual, written, audiovisual, or   electronic.  The term does not include a statement or document that   is made or submitted privately, regardless of form.                (2)  "Exercise of the constitutional right to petition,   to speak freely, or to associate freely" [of association"] means   the exercise of any of those rights as they are provided by the   constitutions of this state and the United States and applied by the   courts of this state and the United States [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.                (4) [(6)]  "Legal action" means a lawsuit, cause of   action, petition, complaint, cross-claim, or counterclaim or any   other judicial pleading or filing that requests substantive relief,   whether legal or equitable [relief]. The term does not include:                      (A)  a motion or action related to discovery made   or taken pursuant to the Texas Rules of Civil Procedure, including a   motion to compel or an objection to discovery, a motion seeking a   protective order related to discovery, and the issuance of a   subpoena;                      (B)  a motion for summary judgment;                      (C)  a motion to dismiss a motion to dismiss under   this chapter; or                      (D)  any other type of procedural action taken   during the course of a legal action.                [(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.]          SECTION 2.  Section 27.003(a), Civil Practice and Remedies   Code, is amended to read as follows:          (a)  If a legal action is based on, relates to, or is in   response to a party's participation in the government by the   exercise of the constitutional right [of free speech, right] to   petition, to speak freely, or to associate freely [right of   association], that party may file a motion to dismiss the legal   action.          SECTION 3.  Section 27.005(b), Civil Practice and Remedies   Code, is amended to read as follows:          (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 the   constitutional right to petition, to speak freely, or to associate   freely[:                [(1)  the right of free speech;                [(2)  the right to petition; or                [(3) the right of association].          SECTION 4.  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 5.  This Act takes effect September 1, 2017.