Free speech protections are under threat in Texas Legislature | Opinion
Unfortunately, the state Senate has embraced an overreaching bill that is supposedly aimed at curing abuses to the TCPA.
The bill in question would diminish the TCPA by removing the automatic stay of proceedings under three conditions: If a motion under the act was denied because it was not filed in a timely way, was frivolous or was denied under existing exemptions to the act. State Rep. Jeff Leach, R-Plano, will chair a hearing in the state House Wednesday morning on this bill. Leach has offered us assurances that the bill will not pass the House in its current form and that he will not accept a bill that impedes the TCPA’s protections.
That was encouraging, but a substitute bill Leach is proposing does not appear to resolve serious concerns. Leach’s proposal attempts to strike a middle ground by creating a 45-day stay on legal action once a trial court rules on a TCPA motion. But that will only add pressure on appellate courts that already struggle to rule quickly on these matters.
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