HB 3089

Abstract

Amends the Citizen Participation Act. Makes changes in the Section concerning public policy. Changes the definition of "motion". Provides that the Act applies to a motion that is made in response to a claim that is meritless and retaliatory. Provides that a claim is meritless if it lacks an essential element of the claim or fails against a reasonably foreseeable affirmative defense to that claim. Provides that a plaintiff's claim is presumed to be retaliatory if the alleged basis for the claim is an act in furtherance of the constitutional rights to petition, speech, association, and participation in government. Provides that a motion under the Act may be made as a motion to dismiss or as a motion for summary judgment or joined with other motions. Makes other changes in the Section concerning motion procedure and standards. Provides that "attorney's fees and costs" include reasonable trial and appellate attorney's fees and costs incurred in connection with a motion under the Act, including, but not limited to, fees and costs for discovery that relates to such a motion.