Anti-SLAPP Laws in Texas

At a glance

Requirements one by one

What speech or conduct is protected

Tex. Civ. Prac. & Rem. Code § 27.001(2) defines association as joining together around a governmental proceeding or public concern; § 27.001(3) defines free speech as a communication connected to a matter of public concern. Under § 27.001(7), a matter of public concern covers the listed public figures and issues. Section 27.003 also covers the publishing and consumer-review activities described in § 27.010(b).

The motion to dismiss

Under § 27.003(b), the motion is due not later than the 60th day after service of the legal action, unless the parties agree to an extension or the court grants one for good cause. Filing suspends discovery until a ruling, with specified limited discovery available for good cause under § 27.006(b). The movant must give written hearing notice at least 21 days before the hearing; a response is due seven days before it, unless the parties or court provide otherwise.

Tex. Civ. Prac. & Rem. Code § 27.004 sets the hearing within 60 days after service of the motion in the ordinary case, an outside limit of 90 days for the listed delays, and an outside limit of 120 days when limited discovery is allowed.

Burden of proof

Section 27.005(b) requires the movant to demonstrate that the action is based on or in response to a protected exercise or the § 27.010(b) activity. Under § 27.005(c), the action remains if its proponent establishes by clear and specific evidence a prima facie case for every essential element. Subsection (d) also allows dismissal when the movant establishes an affirmative defense or another entitlement to judgment as a matter of law.

Attorney's fees

Tex. Civ. Prac. & Rem. Code § 27.009(a) generally requires an award of court costs and reasonable attorney's fees to a party who obtains dismissal, while deterrent sanctions are discretionary. Under subsection (b), a responding party may receive costs and fees for a frivolous or delay-only motion. Subsection (c) has a different, discretionary fee rule for dismissal of a compulsory counterclaim.

Right to appeal

Under § 27.008, a motion left undecided beyond the statutory ruling deadline is denied by operation of law, and the movant may appeal. An appellate court must expedite an appeal or writ from either an order on the motion or a failure to rule.

Exemptions

Section 27.010(a) now lists 13 categories. They include certain government enforcement, commercial-seller, bodily-injury, insurance, employment, family-law, consumer-protection, eviction, whistleblower, fraud, and client legal-malpractice actions, as well as the other specifically listed proceedings. Subsection (b) restores Act coverage for specified public communication and consumer-review claims despite three named exemptions. Subsection (c) separately addresses communications by specified victims or alleged victims.

What trips people up

The client legal-malpractice exemption in § 27.010(a)(13) was added by Texas HB 527 (2023). The enrolled act, Texas HB 527 (2023), § 2 and § 3, applies that change only to actions commenced on or after September 1, 2023; earlier actions use prior law. The transition provision states: "SECTION 2. Section 27.010(a), Civil Practice and Remedies Code, as amended by this Act, applies only to an action commenced on or after the effective date of this Act." Check the commencement date when that exemption matters.

Common questions

Does the motion stop discovery? Yes. Section 27.003(c) suspends discovery on filing, but § 27.006(b) lets the court allow specified, limited discovery relevant to the motion for good cause.

What happens if the judge does not rule? Section 27.008 treats a late non-ruling as a denial by operation of law and permits the movant to appeal.

Statutes and sources

• Tex. Civ. Prac. & Rem. Code §§ 27.001, .003–.006, .008–.010: Definitions, motion and hearing, proof, appeal, fees, and exemptions. Current official Texas Legislative Council Chapter 27 (accessed 2026-10-07).
• Texas HB 527 (2023), §§ 1–3: Adds the client legal-malpractice exemption and applies it to actions commenced on or after September 1, 2023. Official enrolled act (accessed 2026-10-07).