Anti-SLAPP is Now Law in Texas!
Great news from Austin! Gov. Perry signed the Citizens Participation Act (HB 2973) into law today. You can see the stages of the effort to build the law here.
Texans who enjoy exercising their free speech owe a debt of gratitude to Laura Prather and Don Adams who partnered to move the bill through the legislative process, resulting in extraordinary support from both chambers.
Thank you to the many who supported the effort with their advice, time, energy, testimony, donations, and more, including Peter Kurdoch and Mark Goldowitz, who are fighting this same fight on a national level.
The complete text of the law, as passed by the 2011 Texas Legislature and signed into law on June 17, 2011, effective immediately, is available here.
I will continue to monitor the law and post updates here on cases that are affected by it.
This is great news and encouraging evidence that policies that affect citizens can and do improve to their benefit.
I was surprised Texas would pass such a law, then discovered they’d put in enough exceptions to weaken it. First, while the model anti-SLAPP law suggests forbidding the amending of the SLAPP lawsuit, Texas doesn’t forbid it, a major shortcoming. Second, in Texas, a judge may simply fail to rule on the anti-SLAPP dismissal motion, and the motion fails. There’s enough problems with this implementation to suggest Texas still has no effective anti-SLAPP legislation.
Hi Jack, Thanks for your comment- if the judge fails to rule on the motion, it can be immediately appealed. There have been at least two successful dismissals based on the statute since it went into effect, so it is working.
Have a hearing before Judge Wilson on Friday. The attorney for the Plaintiff is trying to withdraw.
How did your hearing go?
Had a hearing 10/18/16 after filing AntiSLAPP…. Waiting to hear the judge’s ruling.
My hearing was 10/18 and we are still waiting for the judge to rule.