The Texas anti-SLAPP statute (TCPA)

The Texas Citizens Participation Act — usually called the Texas anti-SLAPP law or the TCPA — is Chapter 27 of the Texas Civil Practice and Remedies Code, sections 27.001 through 27.011. It lets a party ask the court to dismiss, early in the case, a claim that is based on or in response to that party's exercise of the right of free speech, the right to petition, or the right of association.

This page is a plain-English guide to each section as the statute reads today. It is not a substitute for the statute itself. Read the official, current text: Texas Civil Practice and Remedies Code, Chapter 27 — statutes.capitol.texas.gov.

Section by section

27.001 — Definitions

• Communication: making or submitting a statement or document in any form or medium — oral, visual, written, audiovisual or electronic.
• Exercise of the right of free speech: a communication made in connection with a matter of public concern.
• Exercise of the right to petition: communications in or about judicial, official, executive, legislative and similar public proceedings; communications about an issue under review by a governmental body; communications reasonably likely to encourage such review or to enlist public participation in it; and any other communication protected by the right to petition under the U.S. or Texas constitutions.
• Exercise of the right of association: joining together to collectively express, promote, pursue or defend common interests — but, since 2019, only where those interests relate to a governmental proceeding or a matter of public concern.
• Legal action: a lawsuit, cause of action, petition, complaint, cross-claim, counterclaim, or other judicial pleading or filing that requests legal, declaratory or equitable relief. It does not include (A) a procedural action or motion that does not amend or add a claim, (B) alternative dispute resolution proceedings, or (C) post-judgment enforcement actions.
• Matter of public concern: a statement or activity regarding (A) a public official, public figure, or other person who has drawn substantial public attention due to official acts, fame, notoriety or celebrity; (B) a matter of political, social, or other interest to the community; or (C) a subject of concern to the public.
• Also defined: governmental proceeding, official proceeding, and public servant.

27.002 — Purpose

• To encourage and safeguard the constitutional rights to petition, speak freely, associate freely and participate in government, while protecting the right to file meritorious lawsuits for demonstrable injury.

27.003 — The motion to dismiss

• A party may move to dismiss a legal action that is based on or in response to its exercise of free speech, petition or association. A government entity, agency, or official acting in an official capacity may not use the statute.
• Deadline: the motion must be filed within 60 days after service of the legal action. The parties may agree to extend that time, and the court may extend it for good cause.
• Filing the motion suspends all discovery until the court rules (subject to limited discovery under 27.006(b)).
• The movant must give written notice of the hearing at least 21 days before it. Any response is due at least 7 days before the hearing.

27.004 — Hearing

• The hearing must be set no later than 60 days after service of the motion.
• It may be later if the court's docket requires, on good cause, or by agreement — but no more than 90 days after service of the motion.
• If the court allows discovery, it may extend the hearing — but no more than 120 days after service of the motion.

27.005 — Ruling and the burdens of proof

• The court must rule within 30 days after the hearing concludes.
• Step 1: the court shall dismiss if the movant demonstrates that the legal action is based on or in response to the movant's exercise of free speech, petition or association (or an act described in 27.010(b)).
• Step 2: the court may not dismiss if the party who brought the claim establishes by clear and specific evidence a prima facie case for each essential element of the claim.
• Step 3: even so, 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.

27.006 — What the court considers

• The pleadings, evidence a court could consider under Rule 166a (summary judgment), and supporting and opposing affidavits.
• On a party's motion or its own, and on good cause, the court may allow specified and limited discovery relevant to the motion.

27.007 — Findings

• At the movant's request, the court must make findings on whether the legal action was brought to deter or prevent the movant from exercising constitutional rights and for an improper purpose (such as harassment, delay, or increasing the cost of litigation). Findings are due within 30 days after the request.

27.0075 — Effect of the ruling (added 2019)

• Neither the ruling nor the fact that the court ruled is admissible later in the case, and the ruling does not change any burden or degree of proof that otherwise applies.

27.008 — Appeal

• If the court does not rule in time, the motion is denied by operation of law and the movant may appeal.
• Appellate courts must expedite these appeals and writs.
• Related: an order denying a TCPA motion is appealable before final judgment (Section 51.014(a)(12)), and that appeal stays all other proceedings in the trial court while it is pending (Section 51.014(b)). As an accelerated appeal, the notice of appeal is due 20 days after the order is signed (Tex. R. App. P. 26.1(b)).

27.009 — Attorney's fees, costs and sanctions

• If the court dismisses, it shall award the movant court costs and reasonable attorney's fees, and may award sanctions sufficient to deter similar suits. (Before 2019, sanctions were mandatory.)
• If the motion was frivolous or solely intended to delay, the court may award costs and reasonable attorney's fees to the party who responded to it.
• If the court dismisses a compulsory counterclaim, it may award the movant fees only if it finds the counterclaim frivolous or solely intended for delay.

27.010 — Claims the statute does not cover

• Chapter 27 does not apply to: (1) government enforcement actions; (2) claims against sellers or lessors of goods or services arising from a sale, lease or commercial transaction aimed at actual or potential customers; (3) bodily injury, wrongful death and survival claims; (4) Insurance Code and insurance-contract claims; (5) employment, officer–director and independent-contractor disputes seeking recovery for misappropriation of trade secrets or corporate opportunities, or to enforce a non-disparagement agreement or covenant not to compete; (6) actions under Titles 1, 2, 4 or 5 of the Family Code; (7) DTPA claims (with a limited exception); (8) claims where a movant raises the medical peer-review defense in Occupations Code 160.010; (9) eviction suits; (10) attorney disciplinary actions under Government Code chapter 81; (11) Whistleblower Act claims (Government Code chapter 554); (12) common-law fraud claims; and (13) legal malpractice claims by a client or former client (added 2023, for actions commenced on or after September 1, 2023).
• Even so, the statute does apply to certain journalistic, artistic and similar works and to consumer opinions, reviews and ratings, notwithstanding exemptions (2), (7) and (12) (Section 27.010(b)), and to claims against a victim or alleged victim of family or dating violence based on their communications (Section 27.010(c)).

27.011 — Construction

• The statute does not reduce any other defense, remedy, immunity or privilege, and it is to be construed liberally to carry out its purpose.

What changed on September 1, 2019

House Bill 2730 (2019) made the most significant changes since the statute was enacted in 2011. They apply to lawsuits filed on or after September 1, 2019. The main changes:

• The trigger narrowed: the claim must be based on or in response to protected activity. The former "relates to" language was removed.
• "Matter of public concern" was redefined. The old non-exhaustive list (health or safety; environmental, economic or community well-being; the government; a public official or figure; a good, product or service in the marketplace) was replaced by the three-part definition above.
• The right of association now requires a link to a governmental proceeding or a matter of public concern.
• "Legal action" now expressly includes requests for declaratory relief and excludes procedural motions, ADR proceedings and post-judgment enforcement.
• The movant no longer has to prove coverage "by a preponderance of the evidence" — it must demonstrate coverage — and must show an affirmative defense entitles it to judgment as a matter of law.
• Courts may consider summary-judgment-type evidence; 21 days' notice of the hearing and a response 7 days before it are now required; the parties may agree to extend the 60-day filing deadline.
• Sanctions became discretionary. Fees remain mandatory for a successful movant, and the "other expenses … as justice and equity may require" language was removed.
• New exemptions: trade secrets and non-competes in employment-type relationships, Family Code cases, the DTPA, medical peer review, evictions, attorney discipline, and common-law fraud — with carve-backs for media and consumer reviews.
• Government entities and officials acting officially may not use the statute; a ruling is not admissible later in the case (new 27.0075).

Later changes

• 2021 — a technical, non-substantive update to Section 27.010 (H.B. 3607).
• 2023 — legal malpractice claims by a client or former client were added to the exemptions (H.B. 527), for actions commenced on or after September 1, 2023.