Texas Civil Practice and Remedies Code 27.005 – Ruling
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(a) The court must rule on a motion under § 27.003 not later than the 30th day following the date the hearing on the motion concludes.
(b) Except as provided by Subsection (c), on the motion of a party under § 27.003, a court shall dismiss a legal action against the moving party if the moving party demonstrates that the legal action is based on or is in response to:
(1) the party’s exercise of:
(A) the right of free speech;
(B) the right to petition; or
(C) the right of association; or
(2) the act of a party described by § 27.010(b).
Terms Used In Texas Civil Practice and Remedies Code 27.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Rule: includes regulation. See Texas Government Code 311.005
(c) The court may not dismiss a legal action under this section if the party bringing the legal action establishes by clear and specific evidence a prima facie case for each essential element of the claim in question.
(d) Notwithstanding the provisions of Subsection (c), the court shall dismiss a legal action against the moving party if the moving party establishes an affirmative defense or other grounds on which the moving party is entitled to judgment as a matter of law.