HBA-DMH, H.B. 1834 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1834 By: Tillery Civil Practices 2/25/2001 Introduced BACKGROUND AND PURPOSE A person who provides information or testimony to governmental entities may be subject to various forms of harassment lawsuits. Currently, it is possible for a person to be found liable for slander or libel, even if the information given is accurate. Under current law, the only way to avoid liability in a harassment suit is a final verdict, which requires a person to incur court costs and other expenses. House Bill 1834 provides that unless there is substantive proof that a defendant made a communication or decision not in good faith, a person is not liable for specified communications or decisions concerning matters pending before governmental agencies. The bill also provides for recovery by a defendant of specified costs, fees, expenses, and damages. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1834 amends the Civil Practice and Remedies Code to establish conditions for a civil action based on communications or decisions concerning matters pending before a governmental agency. Unless a claimant establishes that a communication or decision made by certain persons was not made in good faith, a defendant is not liable for monetary damages or subject to specified injunctive or declaratory relief. The bill requires the court, on motion by the defendant or on its own motion, to review the pleadings to determine compliance. The bill places the burden of pleading on the claimant and requires the civil action to be brought in a specified county. The bill provides that such a defense does not apply in a civil action against a governmental agency or an elected or appointed official of a governmental agency in the official's official capacity. The bill provides that provisions relating to a lack of liability for a good faith communication or decision do not create a cause of action. The bill authorizes a defendant to file a motion seeking security for costs and litigation expenses, specifies a time frame for the motion to be heard, and requires the court to grant the motion unless the claimant proves, by a preponderance of the evidence, that the communication or decision was not made in good faith. The bill sets forth provisions relating to the posting of security by a claimant. The bill requires all discovery proceedings to be stayed during the pendency of a motion for security, but authorizes the court to permit specified discovery to be conducted upon motion and for good cause shown. The bill authorizes a defendant who prevails in the civil action to recover specified costs, fees, expenses, and damages. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.