State Rep. Jeff Leach has filed a measure targeting a state law that protects citizens from abusive lawsuits.
Earlier this month, Leach (R-Allen) filed House Bill 2459. The measure would cut into the First Amendment protections first outlined in HB 2973 of 2011, better known as the Texas Citizens Participation Act.
The TCPA’s protections are known as anti-SLAPP statutes. SLAPP (strategic lawsuits against public participation) suits are aimed at silencing individuals who speak out on controversial topics and are specifically relevant for litigating defamation.
Texans for Lawsuit Reform has long supported changes to the TCPA that would cut into its anti-SLAPP protections. During the 86th Legislature, some changes were made to reflect these concerns, to the dismay of citizen activists.
However, TLR has supported further efforts to undercut the protections, including a failed attempt last session to continue scaling them back. Leach’s measure is just the latest attempt by the tort reform giant to tackle anti-SLAPP statutes.
HB 2459 would remove the temporary suspension of proceedings for lawsuits not filed swiftly, motions initially determined to be frivolous, or exempt under a specified subdivision of Section 27.010(a) of the Civil Practice and Remedies Code.
Attorney Tony McDonald previously told Texas Scorecard that the best way to speed up the admittedly long appeals process targeted in the latest legislation is not by “remov[ing] protections” but instead by providing “courts with more resources and clarifying the right to emergency relief and expedited briefings.”
The TLR-backed measure, however, is an “all-hands-on-deck red alert,” he said.
In October 2024, a slate of grassroots organizations and individuals were denied the ability to provide testimony at a House Committee on Judiciary & Civil Jurisprudence hearing on the “current use and misuse” of the TCPA.
Among those prevented from testifying were McDonald, Texas Right to Life, the Protect Free Speech Coalition, the Young Republicans of Texas, and Bob Ferguson, host of “The Bob Ferguson Show.”
State Sen. Bryan Hughes (R-Mineola) filed the Senate equivalent of Leach’s legislation just one month after the House Judiciary hearing. That measure, Senate Bill 336, was referred to the Senate State Affairs Committee on February 3.
“Any Texan who is engaged in the public arena needs to get in the fight against it,” explained McDonald. “If SB 336 passes, powerful interests will be equipped more than ever before to destroy the livelihoods of those who criticize them or their actions.”
TLR Communications Director Lucy Nashed Cafrelli told Texas Scorecard following the filing of SB 336 that the group “unequivocally” supports the goals of the original TCPA but believes it is “clear the law is not functioning as the Legislature intended.”
“Instead, it is being used by some lawyers to endlessly delay legitimate cases that have nothing to do with the First Amendment,” she continued. “We are committed to working with lawmakers, including Senator Hughes, to ensure the TCPA truly achieves its dual goals of protecting free speech while also protecting access to the courts.”
The proposal comes months after the Republican Party of Texas updated its platform to explicitly include the following language in support of the original TCPA:
Texas shall keep the Texas Citizens Participation Act (TCPA) intact and preserve its broad scope and essential protections for 1st Amendment Rights.
Leach’s office did not respond to a Texas Scorecard request for comment about HB 2459 before publication.
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