How a Texas anti-SLAPP motion works

A motion to dismiss under the Texas Citizens Participation Act (TCPA), Tex. Civ. Prac. & Rem. Code §§ 27.001–.011, moves through three steps, with the burden shifting at each one. Everything happens on a short, fixed timetable, and missing a deadline can decide the motion.

This page describes the statute as it applies to lawsuits filed on or after September 1, 2019. For older lawsuits, the earlier version applies — see the Statute page.

The three steps

Step 1 — The movant shows the statute applies

The party filing the motion must demonstrate that the claim is based on or in response to its exercise of the right of free speech, the right to petition, or the right of association. § 27.005(b). The pleadings themselves can carry this burden: when it is clear from the plaintiff's pleadings that the action is covered, the movant "need show no more." Hersh v. Tatum, 526 S.W.3d 462, 467 (Tex. 2017). (Hersh was decided under the pre-2019 version, but the court must still consider the pleadings under § 27.006(a).)

Before going further, check the exemptions in § 27.010 — many common claims (bodily injury, Family Code cases, DTPA, common-law fraud, legal malpractice, and others) are outside the statute altogether.

Step 2 — The claimant shows a prima facie case by clear and specific evidence

The motion must be denied if the party who brought the claim establishes by clear and specific evidence a prima facie case for each essential element of the claim. § 27.005(c). "Clear" means unambiguous, sure or free from doubt; "specific" means explicit or relating to a particular named thing; a "prima facie case" is the minimum quantum of evidence needed to support a rational inference that an allegation is true. Bare, baseless opinions and general allegations that merely recite the elements will not do. In re Lipsky, 460 S.W.3d 579, 590–92 (Tex. 2015).

Step 3 — The movant can still win on a defense

Even if the claimant meets step 2, the court shall dismiss if the movant establishes an affirmative defense or other grounds on which it is entitled to judgment as a matter of law. § 27.005(d). (Before 2019, the movant had to prove a defense by a preponderance of the evidence.)

Deadlines at a glance

Event	Deadline
File the motion	Within 60 days after service of the legal action; longer by agreement of the parties or by the court for good cause. § 27.003(b)
Discovery	Suspended once the motion is filed, until the court rules; the court may allow specified, limited discovery for good cause. §§ 27.003(c), 27.006(b)
Notice of hearing	At least 21 days before the hearing. § 27.003(d)
Response	At least 7 days before the hearing. § 27.003(e)
Hearing	Within 60 days after service of the motion; up to 90 days (docket, good cause or agreement); up to 120 days if discovery is allowed. § 27.004
Ruling	Within 30 days after the hearing concludes; otherwise the motion is denied by operation of law. §§ 27.005(a), 27.008(a)
Appeal	Notice of appeal within 20 days of the order (accelerated appeal). Tex. R. App. P. 26.1(b); Tex. Civ. Prac. & Rem. Code § 51.014(a)(12)
Trial court during appeal	All other proceedings are stayed while an appeal from a denial is pending. § 51.014(b)

Fees, costs and sanctions

If the motion is granted, the court must award the movant court costs and reasonable attorney's fees, and may award sanctions to deter similar suits. § 27.009(a).
If the motion was frivolous or solely intended to delay, the court may award the responding party its costs and reasonable attorney's fees. § 27.009(b).
For a dismissed compulsory counterclaim, fees are available only if the counterclaim was frivolous or solely intended for delay. § 27.009(c).

Practical points

Calendar the 60-day filing deadline the day you are served. The clock runs from service of the legal action, and amended pleadings do not always restart it.
Check the exemptions first. A motion against an exempt claim can expose the movant to a fee award if the court finds it frivolous or filed for delay.
Plead with specifics. A claimant facing a motion needs clear and specific evidence on every element — general allegations will not survive step 2.
Watch the 30-day ruling window. If the court does not rule, the motion is denied by operation of law, and the 20-day appeal clock runs from there.

This site is general information about Texas law, not legal advice, and reading it does not create an attorney–client relationship. Always check the current official text of the statute and the cases that interpret it.