Texas TCPA Motion to Dismiss

File within 60 days after service of the legal action under Civil Practice & Remedies Code Section 27.003(b). The movant bears the initial burden to show by a preponderance of the evidence that the legal action is based on the movant's exercise of the right of free speech, right to petition, or right of association as defined by Chapter 27. If the showing is made, the burden shifts to the nonmovant to establish by clear and specific evidence a prima facie case for each essential element of the claim. Discovery is stayed once the motion is filed under Section 27.003(c). Reasonable attorney's fees, costs, and sanctions are recoverable under Section 27.009. Review the 2019 statutory amendments before filing, as they substantially narrowed TCPA coverage in commercial disputes and introduced specific exemptions for common business torts.