A new proposal in the Texas Legislature is causing significant concern among free speech advocates and legal experts.
House Bill 2988, introduced by State Rep. Mano DeAyala (R-Houston), threatens to undermine the Texas Citizens Participation Act (TCPA), the state’s anti-SLAPP law. SLAPP stands for Strategic Lawsuits Against Public Participation. The anti-SLAPP statute is designed to protect individuals from frivolous lawsuits to silence criticism.
Ahead of the session, free speech advocates expected the TCPA, which was enacted to safeguard Texans’ First Amendment rights, to be attacked. However, this bill represents a serious escalation, one that’s potentially backed by a powerful lobby, Texans for Lawsuit Reform.
One of the measure’s most troubling provisions would remove the recovery of attorney fees, rendering the current anti-SLAPP statute worthless. Currently, victims can recover attorney fees when a lawsuit is successfully dismissed under the TCPA.
DeAyala’s proposal doesn’t stop there. It alarmingly grants trial courts the authority to award attorney’s fees to either party as they deem “equitable and just.” This provision could result in SLAPP victims being forced to pay the legal fees of those who sued them, even if the lawsuit is dismissed.
Tony McDonald, an attorney and expert on Texas Anti-SLAAP law, called the bill, “the worst bill I’ve seen all session.”
If passed, HB 2988 could chill free speech in Texas and increase the potential financial risks associated with speaking out on matters of public concern, deterring individuals and organizations from engaging in protected speech activities.
Of course, the introduction of HB 2988 raises the question of special interest groups driving the legislation. Texans for Lawsuit Reform, one of the more powerful lobbying outfits in the state, has a history of supporting measures aimed at degrading the state’s anti-SLAPP statute, as covered in Season 7 of EXPOSED.
As it turns out, DeAyala has received the bulk of his financial support from TLR according to Transparency USA. During the 2024 election cycle, DeAyala received nearly $300,000 from TLR. He’s received $600,000 from the group over the past two cycles.
Individual backers of TLR, Dick Weekley and Alan Hassenflu, each donated $65,000 to DeAyala over the past two cycles.
TLR did not return a request for comment on whether they support the measure.
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