Tex. Civ. Prac. & Rem. Code § 27.005

Current through the 87th Legislature (2021) Second Special Session
Section 27.005 - Ruling
(a) The court must rule on a motion under Section 27.003 not later than the 30th day following the date the hearing on the motion concludes.
(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 demonstrates that the legal action is based on or is in response to:
(1) the party's exercise of:
(A) the right of free speech;
(B) the right to petition; or
(C) the right of association; or
(2) the act of a party described by Section 27.010(b).
(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.
(d) Notwithstanding the provisions of Subsection (c), the court shall dismiss a legal action against the moving party if the moving party establishes an affirmative defense or other grounds on which the moving party is entitled to judgment as a matter of law .

Tex. Civ. Prac. and Rem. Code § 27.005

Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 378,Sec. 3, eff. 9/1/2019.
Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 1042,Sec. 2, eff. 6/14/2013.
Added by Acts 2011, 82nd Leg., R.S., Ch. 341, Sec. 2, eff. June 17, 2011.